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The Application Dilemma and Solution of Character Evidence for Victims in Sexual Assault Cases
- 1 School of Public Administration, China University of Geosciences (Wuhan), Wuhan, China
* Author to whom correspondence should be addressed.
Abstract
The exclusionary rule regarding character evidence for victims in sexual assault cases originated in the Anglo-American legal system and plays a significant role in protecting victims' legitimate rights and interests. However, China has long lacked clear regulations in this area. In many atypical sexual assault cases, victims face not only difficulties in obtaining legal protection but also secondary harms such as privacy violations. This dilemma is closely related to the challenges of proving non-consent in rape cases, insufficient theoretical support, and the influence of traditional social biases against victims of sexual assault. Internationally, the "Rape Shield Clause" in the U.S. Federal Rules of Evidence—based on the principle of exclusion with limited exceptions—offers valuable lessons. Drawing on this model, China can improve its theoretical framework for evidence rules, eliminate ideological prejudices, and establish an application model based on the principle of exclusion with defined exceptions. Such a localized rule system for character evidence in sexual assault cases would both protect victims' rights and promote factual clarity, thereby fostering true fairness and justice.
Keywords
character evidence, sexual assault crime, rape shield clause
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Cite this article
Gu,M. (2025). The Application Dilemma and Solution of Character Evidence for Victims in Sexual Assault Cases. Lecture Notes in Education Psychology and Public Media,96,7-15.
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