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Lajoie V. Thompson: Does The Ninth Circuit Grant Young Victims Less Protection Under Rape Shield Statutes?, Crystal Dykman

Golden Gate University Law Review

In LaJoie v. Thompson, the Ninth Circuit held that the trial court's preclusion of evidence regarding the victim's prior sexual abuse by others as a sanction for LaJoie's failure to comply with the 15-day notice requirement in Oregon's rape shield law violated LaJoie's Sixth Amendment rights. The Ninth Circuit further held that the preclusion of this evidence regarding the prior sexual abuse of the victim warranted habeas relief. In Part II, this Note discusses LaJoie's facts and procedural history. Part III outlines the history of the Habeas Corpus statutes and discusses the Oregon and Federal rape shield statutes, with an …