This article posits that there should be an analogous federal statute forbidding federal courts from compelling complainants to undergo psychiatric examinations in sexual assault cases, whether the complainant is a child or an adult. Such a statute is necessary because the practice not only deters the reporting of sex crimes and undermines the victim's right to privacy, but also because there is a lack of uniform standards across states. There is no need for the law to render bringing a rape case especially difficult or discouraging for the victim-contrary to popular belief, false reports of rape do not have a higher incidence than false reports of other crimes. The ethics charges against and subsequent disbarment of the prosecutor in the recent Duke rape case for withholding exculpatory evidence may undermine the public's faith in this fact, but such cases are newsworthy because they are the exception, not the rule. As society slowly comes to realize this, the law is moving toward increased legislation that protects the dignity of sexual assault victims.
RE-EXAMINING MOTIONS TO CO
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"RE-EXAMINING MOTIONS TO COMPEL PSYCHOLOGICAL EVALUATIONS OF SEXUAL ASSAULT VICTIMS"Please download to view full document