Elizabeth J. Kramer


When Men Are Victims: Applying Rape Shield Laws to Male Same-Sex Rape

Elizabeth J. Kramer

This Note argues that in most respects, Rape Shield Laws should be applied to male same-sex rape cases in the same way that they are applied to female opposite-sex rape cases. Cases of male same-sex rape, however, implicate homophobia rather than sexism. As a result, Rape Shield Laws must be interpreted to provide a “shield” in male same-sex rape cases not only for sexual history evidence, but also for sexual orientation evidence. Courts should be aware of both the direct and indirect forms that sexual orientation evidence can take and protect victims and defendants from the admission of evidence in either form.