Criminal Law - Rape - Forcible Compulsion/Evidence - Admissibility - Rape Shield Law

Authors

Eric A. Kauffman

Abstract

The Pennsylvania Supreme Court held that where there is a lack of consent, but no showing of physical force, threat of physical force, or psychological coercion, the "forcible compulsion" requirement of the Pennsylvania rape statute is not met.

EVIDENCE-ADMISSIBILITY-RAPE SHIELD LAW-The Pennsylvania Supreme Court held that evidence that a complainant and her boyfriend had argued over her past infidelities was inadmissible under the Rape Shield Law, despite defendant's claim that the evidence demonstrated that the complainant was motivated by her boyfriend's jealousy to accuse the defendant of rape.

Commonwealth v. Berkowitz, 641 A.2d 1161 (Pa. 1994).

First Page

697

Recommended Citation

Eric A. Kauffman, Criminal Law - Rape - Forcible Compulsion/Evidence - Admissibility - Rape Shield Law, 33 Duq. L. Rev. 697 (1995).
Available at: https://dsc.duq.edu/dlr/vol33/iss3/10