Randall Levine

Criminal sexual conduct and the Rape Shield Law

By: Randall Levine

randalllevine@levine-levine.com

KALAMAZOO, MICH. – Aug. 20, 2019 — When a person is charged with criminal sexual conduct, it is important to look at the history of the complaining witness. Is this a person who has made false accusations of criminal sexual conduct in the past? Is this accusation the result of an intentional effort to gain an advantage in a custody or divorce proceeding?

     Often times the prosecution will attempt to invoke the Rape Shield Law to prevent defense counsel from inquiring into the past behavior of the complainant in a criminal sexual conduct case. There are several ways to attack a complainant without running afoul of the Rape Shield Law.

     The Rape Shield Law was passed in order to protect complaining witnesses from inquiry into their past conduct. Although it can be useful when a complainant is telling the truth, it is often a shield which must be permeated for the complainant who makes a false accusation.

     At Levine & Levine, we are aware of the many ways to circumvent the Rape Shield Law in order to cross examine a complainant to get at the truth.

     If you find yourself accused falsely of criminal sexual conduct please contact us. We have over 30 years in experience in defending these types of accusations.

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Randall S. Levine
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About Levine & Levine

Levine & Levine is renowned in the legal community throughout Michigan and beyond, for offering compassionate, professional and thoughtful representation in addition to experienced and aggressive advocacy. Since 1987, the firm has provided highly effective representation to individuals and businesses. Levine & Levine specializes in criminal defense, family law, business law, appeals, and estate planning.