EU is Adopting Rape Shield Laws: Enhancing Victim Privacy at the Expense of Defendants\\\' Rights?

Authors : Efe Can Karabulat

Pages : 703-724

Doi:10.34246/ahbvuhfd.1528661

View : 58 | Download : 53

Publication Date : 2025-04-28

Article Type : Research Paper

Abstract :As the European Union adopted a landmark directive aimed at combating violence against women, the implementation of \\\"rape shield laws\\\" is poised to become more prevalent across the continent. These legal provisions, designed to protect the privacy and dignity of sexual assault victims during criminal proceedings, have long been established in common law jurisdictions. However, their introduction represents a significant shift for many European countries, potentially including Turkey as an EU candidate. This article seeks to provide a comprehensive analysis of rape shield laws, exploring their rationale, various implementation models, and the challenges they present. The first chapter delves into the historical origins and primary objectives of rape shield laws, highlighting their expanding global application. The second chapter offers a comparative examination of different rape shield frameworks, assessing the strengths and weaknesses of each approach. The final chapter critically addresses the controversies and potential pitfalls of these laws, particularly concerning the defendant\\\'s right to a fair trial and the principle of equality of arms. By drawing on the experiences of countries with established rape shield laws, this article aims to contribute to the broader discourse on victim protection and legal fairness, providing insights for policymakers and legal practitioners as the EU moves towards this significant legal reform.
Keywords : Tecavüz Kalkanı, Mağdurun Özel Hayatının Gizliliği, Cinsel Suçlar, Avrupa Birliği, Adil Yargılanma Hakkı