Navy Judge’s Rape Shield Ruling Reversed by Highest Military Court

The U.S. Court of Appeals for the Armed Forces has issued a highly useful ruling in United States v. Savala, 70 M.J. 70 (2011). Savala reversed the rape conviction because the military judge prevented defense counsel from challenging the testimony of the alleged victim about her prior sexual assault incident; which civilian law enforcement authorities had deemed “unfounded.” Notably, the prosecution curiously “opened the door” with regard to the previous incident in order to justify her delay in reporting this alleged rape.  Savala does an excellent job in highlighting the general weaknesses of rape cases when the only direct evidence is a heavily intoxicated victim.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s