University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Sexual Abuse in California Prisons: How the California Rape Shield Fails the Most Vulnerable Populations"
Date 2014
Author Tasha Hill
Author Institution University of California Los Angeles School of Law
Author Role Law Student
External Link https://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/uclawo21&type=Ima...
Abstract Primarily, the author argues that the rape shield exclusion is unconstitu-
tional under the Equal Protection Clause of the Fourteenth Amend-
ment, since there is no rational basis for the exclusion. Additionally,
while the California rape shield exclusion is not mentioned specif-
ically in PREA or SADEA, it is directly at odds with the purpose
of both laws, namely the elimination of rape in prisons. Allowing
the continuance of the rape shield exclusion, a statue that arguably
leads to an increase in the rate of rape in prisons, seems antithetical
to the purposes of PREA and SADEA. However, given current
equal protection doctrine, lobbying the California legislature in or-
der to repeal the law may be the most viable route to eliminate the exclusion. The author concludes by arguing that the exclusionary rape shield law should be challenged or repealed.
Source UCLA Women's L.J.
Citation 21 UCLA Women's L.J. 89-143


This Resource Relates To
case Robertson v. Block (JC-CA-0064)

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