1. A statute that affords journalists the privilege not to reveal confidential sources. See journalist’s privilege under PRIVILEGE(3). [Cases: Witnesses 196.
1. C.J.S. Witnesses § 358.]
“More than half of the states have ‘shield laws’ creating ‘reporters’ privileges’ that are sometimes broader than the First Amendment version of that privilege.” David A. Anderson, Freedom of the Press, 80 Texas L. Rev. 429, 432 (2002).
2. A statute that restricts or prohibits the use, in rape or sexual-assault cases, of evidence about the past sexual conduct of the victim.
— Also termed (in sense 2) rape shield law; rape shield statute. [Cases: Rape 40(1)–40(5).C.J.S. Rape §§ 86–89.]“The ‘rape shield law.’ At common law the character of the woman as to chastity or unchastity was held to be admissible in evidence on the theory that it had probative value in determining whether she did or did not consent. Defense counsel, in unrestrained zeal for an acquittal, took advantage of this to the point that it often seemed as if it was the victim of the rape, rather than the perpetrator, who was on trial…. A typical ‘rape shield statute’ does not prevent the introduction of any relevant and otherwise admissible evidence, but requires that the relevancy of any evidence of the previous sexual conduct of the complaining witness must be determined in a pretrial hearing before the judge in camera.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 206 (3d ed. 1982).
