The Accused and/or The Accuser’s Sexual Past
Clients that are being investigated/charged with a Sexual Assaultive crime/s are quick to point to the accuser’s sexual history. The law in Michigan does not allow (for the most part) evidence of the accuser’s sexual history to play a role in YOUR case. In other words, just because the accuser may have slept with the entire football team, under the law in Michigan, that doesn’t mean she consented to having sex with you. Therefore, the information/evidence that points to the fact that he/she slept with the entire football team will not come in at trial. There are very strict rules for when, how and if any information of the accuser’s sexual past would come in at trial.
In general, the law does not allow evidence of sexual conduct by the accuser to be admitted as character evidence to prove consensual conduct or for general impeachment purposes. However, the law recognizes that in certain limited situations, such evidence may not only be relevant, but it’s admission may be required to preserve the accused’s Constitutional right to confrontation.
Under MCL 750.520j, the Michigan Rape Shield Law prohibits the use of the accuser’s past sexual conduct to be testified to in court. However, there are a number of exceptions to the Michigan Rape Shiled law. The exceptions are case specific. The exceptions require intimate knowledge of Michigan’s Rape Shield laws. Only an experienced lawyer who has been in the trenches dealing with sex crimes for years will know how to handle these arguments successfully on your behalf.
Blank Law, PC has had years of successfully arguing exceptions to the Michigan Rape Shield Laws. As the prior Chief of the Sex Unit, arguing about the Michigan Rape Shield Law is second nature for Nicole. Nicole will be able to quickly and easily identify whether or not an exception applies to your case and the proper argument to be made for success.