University of New Hampshire University of New Hampshire Scholars' Repository

University of New Hampshire – Franklin Pierce Law Faculty Scholarship School of Law

5-3-2017

Why New Hampshire Must Update Rape Shield Laws

Amy Vorenberg University of New Hampshire School of Law, [email protected]

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Part of the Evidence Commons, Privacy Law Commons, and the Sexuality and the Law Commons

Recommended Citation Amy Vorenberg, Why New Hampshire Must Update Rape Shield Laws, Concord Monitor, May 3, 2017 at B1, B6.

This Editorial is brought to you for free and open access by the University of New Hampshire – Franklin Pierce School of Law at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in Law Faculty Scholarship by an authorized administrator of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. MY TURN Why the state must update rape shield laws If we want sexual assaults Hopefully, this is shire men will experience sexual as­ Hampshire police and prosecutors a sign thatwe are sault. have developed outstanding victim to be reported, we must taking all manners Although reporting a crime can support programs orprocedures, protect victims' privacy of sexual harass­ behardfor anyone, sexual assault yet the victim still must overcome ment, sexual as­ victims have particular reasons for theirnatural reticence to describe By AMYVORENBERG saultand rape not reporting. After anassault, a theirprivate suffering to an official For the Monitor more seriously. Yet rape victim typically feels embar­ who, though hopefully trained in sexual assault re- rassment, shame and fears reprisal conducting rape victim interviews, ill O'Reilly of Fox News, the Vorenberg mains depressingly (most of these crimes are commit­ is unknown to the victim. top-rated cable news host, lost common.Recent ted by an acquaintance). The deeply This fear of embarrassmentand Bhis job due to mounting out­ research indicates that New Hamp­ personal nature ofrape makes it shame is felt notjust by victims, but rage from viewers and advertisers shire has some of the highest rates uniquely traumatizing and confus­ by their families who naturally regarding his apparenthistoryoi oi sexual assault in the nation; ing. worry about their loved one's health sexually harassing female co-work­ nearly one in four New Hampshire Recognizing the special psychol­ and the possibility of negative reper­ ers. women and one in 20 New Hamp- ogy of rape victims, many New SEE SHIELD B6 Rape shield laws need updating SHIELD FROM B1 This is needed nowbecause so fendants can still request that much is captured on social evidence covered under the cussions from theircommu­ media, including victims' opin­ rape shield law be admitted in nity. ions and ideas about sex­ a trial ifthey can show that ex­ Years ago, early victims' none of which is appropriate clusion would violate their rights advocates pushed legis­ orrelevant inthe criminal pro­ constitutional rights. latures to change laws to pro­ cess. Updating our rape shield tectvictims from having their Inaddition, courtproceed­ laws would provide needed private sexual lives publicly ings involving sexual assaults protection to victims whose exposed during the criminal have become fodder for news­ decision whether to report process. hungrybroadcasters and pub­ this crime maywell hinge on Before these "rape shield" lishers. Technology has ex­ theirfear of having theirpri­ laws were enacted, a victim's panded the reach ofthe evi­ vate life exposed. No one who private activities - those unre­ dence that emerges in a trial has been victimized sexually lated to the defendant - could (through tweep.og, for exam­ should have to worry that con­ be used by defense attorneys pll!), creating a heightened fronting an attackercould to call into question a victim's need for the protection of vic­ mean puttingtheirprivate life reputation and thus her mo­ tim privacy. onpublic display. tives for bringing charges. Currently judges in these Hwe as a community of citi­ "Unchaste" victims were con­ cases have to arrive at their zens and lawmakers are seri­ sidered less truthful and thus own definition of what evi­ ous about reducing sexual as­ perpetrators were free to use dence is admissible. The addi­ sault, then we should do what a victim's reputation against tional law will thus bring im­ we can to make a victim's de­ him orher- even ifthe evi­ portant consistencyand uni­ cision to report this crime less dence was inaccurate. formity to these trials - a key perilous byprotecting the pri­ Most states, including New reason that other states have vacy all of us deserve. Hampshire, now have a rape passed such legislation. shield law that prevents this Nothing in the proposed bill (Amy Vorenberg is a far­ kind of characterattack, but changes the existing law that merprosecutor, defense with the advent of social me­ allows a defendant to intro­ lawyerandmemberofthe dia, there are now new ways duce evidence of activity be­ N.H. Parole Board. Sheis cur­ for perpetrators to make a vic­ tween the defendant and the rently a law professorand tim's reputation partofthe le­ victim. Moreover, the law boardmemberofthe New gal record. We need to update leaves unchanged the defen­ Hampshire Coalition Against ourrape shield law to keep up dant's clearconstitutional DomesticandSexual Vio­ with these new methods. right to request thatall rele­ lence. Asa teen, she wasthe The New Hampshire Legis­ vant information about his or victimofa serialrapist who lature is currently considering herrelationship with thevic­ attackedmorethan 40 women a law that would do justthat, tim beconsidered Indeed, de­ in theBoston area.) by broadening the definition of what constitutes "sexual ac­ tivity." The new definition would include not justprevi­ ous sexual conduct butalso a person's expressions, whether they be photos, chats, text messages, posts, tweets, etc. Other states have taken this importantclarifying step.