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Michigan Rape Shield Law: What MCL 750.520j Prohibits and What Masi Changed
Short Answer
Michigan rape shield law, MCL 750.520j, generally prevents prosecutors and defendants from introducing evidence of a complainant’s prior sexual conduct, opinion evidence about sexual conduct, or reputation evidence about sexual conduct in criminal sexual conduct cases. The statute recognizes two narrow statutory categories of potentially admissible evidence: prior sexual conduct with the accused and specific sexual activity showing the source or origin of semen, pregnancy, or disease. Other evidence may be admitted only when exclusion would violate the accused person’s constitutional right to confrontation or right to present a defense.
Michigan rape shield law is one of the most important evidentiary rules in a criminal sexual conduct case. It affects what the jury may hear, what the defense may investigate, how cross-examination is limited, and whether evidence of prior third-party abuse, sexual knowledge, or prior false allegations can be used at trial.
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For many financial professionals, the OWI charge is the first time they have ever been treated as a criminal defendant. They may be embarrassed, anxious, and afraid that one incident will redefine a lifetime of professional achievement. A good defense should address those fears directly while building a practical plan for the court case, the license issues, and the professional narrative.