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Evidence Commons

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University of Washington School of Law

1977

Criminal Procedure

Washington Law Review

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Evidence—Admissibility Of The Victim's Past Sexual Behavior Under Washington's Rape Evidence Law—Wash. Rev. Code § 9.79.150 (1976), Evelyn Sroufe Oct 1977

Evidence—Admissibility Of The Victim's Past Sexual Behavior Under Washington's Rape Evidence Law—Wash. Rev. Code § 9.79.150 (1976), Evelyn Sroufe

Washington Law Review

Although R.C.W. § 9.79.150 deals with many sex crimes, this note is limited to its application in forcible rape cases. Part I examines various exclusionary rules of evidence in order to develop a framework for analysis of Washington's new law. Part II discusses the relevance of the victim's sexual history to her credibility as a witness; it concludes that the complete exclusion of past sexual history to attack credibility may be unconstitutional under the United States Supreme Court holding in Davis v. Alaska. On the other hand, Part III suggests that R.C.W. § 9.79.150 should be redrafted to limit further …