FOCL Practice Test

Which special rule applies in Texas regarding the victim's sexual history in sexual assault cases?

1. Reputation evidence regarding the victim's previous sexual behavior is never admissible

2. The victim's sexual conduct can be used as evidence

3. Victim character evidence is considered

4. Prior false accusations can be admitted

The correct answer is: Reputation evidence regarding the victim's previous sexual behavior is never admissible

In Texas, a notable special rule regarding sexual assault cases is the strict limitation on the admissibility of evidence related to a victim's prior sexual history. Specifically, reputation evidence concerning a victim's previous sexual behavior is not permitted in court. This rule is designed to protect the dignity and privacy of the victim, ensuring that irrelevant aspects of their past do not unfairly influence the proceedings or the jury's perception. Admitting reputation evidence could lead to discrimination based on the victim's sexual history and distract from the facts relevant to the case itself. By prohibiting such evidence, Texas law aims to create a more equitable legal environment that focuses solely on the issues at hand, rather than on potentially prejudicial information about the victim's past behavior. This aligns with broader efforts in many jurisdictions to prevent victim-blaming and uphold the integrity of the judicial process. Other choices suggested alternatives for evidence use that do not align with Texas law, which emphasizes the protection of victims from prejudicial implications surrounding their sexual history.