MARCH 2, 2023
Repealing WV Rape Shield Law
Relating to admissibility of evidence regarding alleged victim's prior sexual history (2024)
SB392 completely strikes §61-8B-11(A) from the WV Code: In any prosecution under this article, in which the victim’s lack of consent is based solely on the incapacity to consent because such victim was below a critical age, evidence of specific instances of the victim’s sexual conduct, opinion evidence of the victim’s sexual conduct, and reputation evidence of the victim’s sexual conduct shall not be admissible.”
This bill would make it so children who have experienced sexual abuse by two separate abusers would be forced by the court to testify of the first case of abuse in the second unrelated case, in an effort by the defense to discredit the child.
By removing protections from state code to prevent prior sexual experiences from not being admissible, it places every sexually abused child at risk. Studies published by Child Abuse & Neglect show multiple perpetrators are not uncommon among abused children. The Family Policy Council of WV opposes this bill.
