Do rape victims have to testify in court against the accused rapist?

Asked over 1 year ago - Pasadena, CA

Women are often afraid to report being raped because they are nervous about having to testify in court and describe what happened. Often, defense attorneys end up "putting the woman on trial" when defending their clients. For this reason, many believe what women should not have to testify in court against the accused rapist. Others believe that the law requires her to - as the Sixth Amendment gives defendants the right to confront their accuser. I need arguments that the law should be made to encourage people to report crimes .The defense can still make a case.

Attorney answers (3)

  1. Guy W Bluff

    Pro

    Contributor Level 13

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    Lawyer agrees

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    Answered . While the Defense attorneys may "try" to put the woman on trial, there are already specific rules of evidence which are in place to protect the victim of rape, incest, molestation, etc. from that type of conduct. Raise your concerns with the victim advocate assigned to your case. Ask to speak with the prosecutor. Most prosecutors who handle sex crimes are extremely compassionate and take every legal step, including filing pre-trial motions in limine, to prevent this type of conduct by the Defense.

    Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the... more
  2. Malosack Berjis

    Contributor Level 20

    Answered . Is this for a school assignment of some sort?

  3. Daniel C Grupenhagen

    Contributor Level 15

    Answered . Without confrontation, the defense can't make a case. The US Supreme court recently confirmed it. If the defense can't cross examine the accuser, we no longer have our constitution and may as well revert to a colony of England and spit on the graves of the men and women who fought for the rights embodied in it.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon... more

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