Research On Localization Of Rape Shield Terms

The Rape Shield Clause is an evidentiary rule that excludes the victim's character evidence in the US Sexual Justice Judicial Process,in order to prevent the victim from being “secondarily harmed”.The US Federal Rules of Evidence stipulates the victim's rules for the exclusion of character evidence and its exceptions,and applies the “closed hearing” procedure for the display of evidence related to the victim's character.The Rape Shields clause of the United States not only protects the victim's vital interests,but also prevents them from being “secondarily harmed”.At the same time,because of the clear and unambiguous provisions of the article,it prevents the defendant's constitutional rights from being ignored while protecting the interests of the victims.The scientific design guarantees procedural fairness.At present,when dealing with sexual crimes in China,there is a lack of restrictions on the accused's character proof of the victim,neglecting the defendant's legitimate defense right and the judge's discretionary power.Although there is a "style of work" in China's legal system,this is similar to the meaning of "character evidence",and it stipulates that regardless of the quality of the victimized woman in sexual crimes,it should be treated equally,in related cases.Among them,the judge also ruled out the evidence about the victim's character,but the rule has now been abolished,and there is no rule that clearly defines the victim's character evidence.The US Rape Shield clause and its judicial practice are both mature in terms of legislation and judiciary,and there are places worth learning.By analyzing the status quo of legislation and judicature between China and the United States and their functions in sexual crime cases,we construct the rules of victim character evidence in terms of functionalist analysis,and clarify the types of victim character evidence that can be adopted.The collection of character evidence,the procedures for cross-examination and the case guidance system are matched to solve the problems encountered in the judicial process related to sexual crimes.