A Study Of The Rules Of Evidence Of The Sexual Character Of The Victim In U.S. Sex Crimes

The victim’s reputation,privacy,and psychology were greatly damaged by the prejudice suffered by the victim’s family and the judiciary.In the 1970 s,with the advancement of legal thinking and the influence of the feminist movement,the U.S.federal and state rules of sexual character of the victim,namely the Rape Shield Clause,were gradually formed,and this paper examines the Rape Shield Clause as an example to study the rules of sexual character of the victim after the 1970 s.The first chapter of this paper focuses on the basic theory of the victim sexual character evidence rule in the United States,firstly,the connotation of the victim sexual character evidence rule after the 1970 s is that the victim sexual character evidence rule is a rule that restricts the use of victim sexual character evidence,and then a systematic review of the theoretical basis is done.Secondly,a brief overview of the U.S.rape shield provision is made,mainly including the definition of the connotation,legal basis and the real legislative background and legislative model for research and analysis,according to the research and analysis,the U.S.rape shield provision after the 1970 s is basically the same as the connotation of the victim’s sexual character evidence rule,and in the context of the high level of sexual crimes in the U.S.and the rising feminist movement and in the The legislative models of rape shield provisions in the United States have gradually formed,which can be divided into four legislative models according to the classification,"statutory exception model,""judge’s discretion model,""constitutional underwriting model The"statutory exception model," the "judge discretion model," the "constitutional underride model," and the "proof of purpose model" present different legislative features of rape shield legislation under different models.Finally,the jurisprudence of the U.S.rape shield is based on the common law rule of evidentiary relevance.After a brief description and analysis of the U.S.victim character evidence rule and the rape shield provision,the second chapter of this paper turns to the study of sex crimes,the U.S.victim character evidence rule and the exceptions to exclusion,and explores and analyzes the reasons and significance of the U.S.federal and state exclusion of evidence of prior sexual conduct and sexual reputation in crimes,and analyzes and summarizes its formation On the one hand,it can protect the privacy and legal rights of the victim,and on the other hand,it is for the sake of judicial impartiality to avoid judges and juries from being biased against the victim,which can affect a fair trial.In addition to the exclusionary rule,there are exceptions to the victim’s sexual character evidence rule.The main purpose and significance of the federal and state exceptions to the rule of admissibility of evidence of past sexual conduct of the victim and sexual conduct between the victim and the defendant,which is commonly considered to be used to rebut physical evidence,is actually to maintain a balance between the prosecution and the defense,and also to prevent the defendant from being falsely accused and framed.After the content of the U.S.victim character evidence rule is sorted out and studied,the third chapter of this paper focuses and analyzes on the judicial level,and analyzes the judicial application of the victim character evidence rule in the U.S.through case law,except for its strict and extended application.The above is a brief analysis of the judicial application process.After the above research and analysis of the U.S.victim character evidence rule in sex crimes,the fourth chapter of this paper will mainly explore the significance and value of the U.S.victim character evidence rule in sex crimes for China.The other aspect is that it can strengthen the harmonization of legislation and justice in China,provide legislative basis for the application of the victim character evidence rule in China,and also eliminate judicial bias.The value of the reference is to maintain a balance between the prosecution and the defense in sexual crimes,and to better protect the legitimate rights and interests of the victim.Moreover,our victim’s sexual character evidence rules tend to exclude the victim’s sexual character evidence and retain some of the exceptions.Our victim’s sexual character evidence rules also need procedural safeguards,so there is a need to clarify the application procedures,review procedures and procedures for post-event relief for the production of victim’s sexual character evidence.Overall,exploring and establishing our victim sexual character evidence rules still requires thinking from both substantive and procedural perspectives.