The Application Dilemma and Solution of Character Evidence for Victims in Sexual Assault Cases
Year: 2025
Type: article
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.
Author: Muzi Gu
Institution: China University of Geosciences
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4410508809