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Rape shield laws prohibit a victim's sexual history being used against them as evidence when in court. In the majority of civil cases, a victim's sexual history can still be mentioned as evidence. Rape shield laws it are (mostly) only applied to criminal cases. According to the article Rape Shield Laws, "In some states, exceptions to a rape shield law can be granted if a judge deems that evidence about a victim's sexual history is relevant to the case" (Zukauskas, 2022). Another exception may also apply if the victim and accused had a relationship prior to the allegations. In instances like these, defense attorneys may try to prove the sex was consensual. So, if evidence is presented that suggests a victim's prior sexual history is relevant to the case, a judge may allow the evidence and it may mean the difference between absolving an innocent from incarceration or freedom.
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