From: rpetsche@mrg.tmc.edu (Rolfe G. Petschek)
Newsgroups: talk.rape
Subject: Re: Rape Law Reform
Date: 13 Dec 1992 20:27:56 GMT
Organization: CWRU Physics Department
Distribution: usa
Reply-To: rpetsche@mrg.CWRU.EDU (Rolfe G. Petschek)
NNTP-Posting-Host: mrg.phys.cwru.edu

In article <1992Dec13.174618.2837@news.columbia.edu> dan@cubmol.bio.columbia.edu (Daniel Zabetakis) writes:
>In article <mcgeegt.921213040105@eng.auburn.edu> mcgeegt@eng.auburn.edu (Gary T. McGee) writes:
>>A problem in the courtroom is that women generally have to take the stand and their sexual history comes up as evidence. I do not understand it. I think if rape was tried as a crime of violence and not a sex crime, then it would be less traumatic to the 
>victim. The lives of victims of other crimes don't usually go on display.
>>
>
>   Even as an ideal, I'm not sure this is such a good idea. You don't want
>to comprimise the defense. The defendant may claim that the sex was consentual.
>If there is any doubt about this, then the sexual history of the accuser is
>very relevant. It is certainly unfourtunate for a rape victim, but I don't
>see any way to fairly avoid the situation.

Most states these days have "Rape Sheild Laws" which e.g. would
prevented a recently posted hypothetical from making to the jury at all:
were the prosecutor to have brought the virginity (or lack there of) of
the victim to the attention of the jury the judge, if competent would
have thrown the case out (correctly in my opinion).  The Ohio rape shield
law follows.  Any comments which I find worthy of forwarding to my
legislature I will. It seems to me wise, as do most of the Ohio sexual
assualt laws.  Oh - one thing I would like to have changed is

2907.01 Definitions
	As used in sections 2907.01 to 2907.37 of the Revised Code
(B) "Sexual contact" means any touching of an erogenous zone of another,
including without limitation the thighs, genitals, buttock, pubic
region, or, it the person is a female a breast, for the purpose of
sexually arousing or gratifying either person.

Well here sexually arousing or gratifying seems out of place.  Why
should the motives of the offender (which are hard to prove anyway)
matter?   Suppose someone were e.g. to touch a person sexually for the
sole purpose of humiliating that person, should that be legal?  Oh, and
I don't know about your nipples, mine, however ... Maybe:

(B) "Sexual contact" means any *deliberate* touching of an erogenous
zone of another including without limitation the thighs, genitals,
buttock, pubic region, *nipples*, or if the person is a female a breast
*except for a legimate medical, law enforcement, care-giving, or the case 
that the actor is in loco parentis, disciplinary purpose.*

comments?  Loop-holes?  Things which would become difficult to
prosecute?  Things which ought to be legal that would become illegal?
Remember that except in the case of a minor sexual contact is legal in
the absence of coercion or the impossibility of informed consent.


2907.02  Rape; evidence; marriage or cohabitation not defenses to rape
charges

(D) Evidence of specific instances of the victim's sexual activity,
opinion evidence of the victim's sexual activity and reputation
evidence of the victim's sexual activity shall not be admitted under
this section unless it involves evidence of the origin of semen,
pregnancy, or disease, or the victim's past sexual activity with the
offender, and only to the extent that the court finds that the evidence
is material to a fact at issue in the case and that its inflammatory or
prejudicial nature does not outweigh its probative value.
	Evidence of specific instances of the defendant's sexual
activity, opinion evidence of the defendant's sexual activity and
reputation evidence of the defendant's sexual activity shall not be
admitted under this section unless it involves evidence of the origin of
semen, pregnancy, or disease, the defendant's past sexual activity with
the victim, or is admissible against the defendant under section
2945.59 of the Revised Code, and only to the extent that the court finds
that the evidence is material to a fact at issue in the case and that
its inflammatory or prejudicial nature does not outweigh its probative
value.
(E) Prior to taking testimony or receiving evidence of any sexual
activity of the victim or the defendant in a proceeding under this
section, the court shall resolve the admissibility of the proposed
evidence in a hearing in chambers, which shall be held at or before
preliminary hearing and not less than three days before trial, or for
good cause shown during the trial.
(F) Upon approval by the court, the victim may be represented by counsel
in any hearing in chambers or other proceeding to resolve the
admissibility of evidence.  If the victim is indigent or otherwise
unable to obtain the services of counsel, the court may, upon request,
appoint counsel to represent the victim without cost to the victim.

If someone would care to write a critique of the Ohio Revised code
sexual assualt laws (which seem to me in general wise) I would be glad
to e-mail what I have on line (most of it) to them.  I do not do this
now as I try to avoid doing this more than once every six months.  They
are not short.
--
Rolfe G. Petschek			Petschek@cwru.bitnet
Associate Professor of Physics		rgp@po.cwru.edu
Case Western Reserve University		(216)368-4035 
Cleveland Oh 44106-7079
Newsgroups: talk.rape