rape shield statute bar (Illinois) · Go Syfert
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rape shield statute bar in Illinois

8 Illinois opinions name it 1 courts 2014–2025 2 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
People v. Beckergreen
ill · 2010 · cited in 3 Illinois opinions naming this issue, 2014–2015
2 sentences

2015Evidentiary rulings made pursuant to the rape- shield statute are reviewed for an abuse of discretion (Santos, 211 Ill. 2d at 401 ), which “occurs where the trial court’s decision is arbitrary, fanciful or unreasonable [citation] or where no reasonable person would agree with the position adopted by the trial court” (People v. Becker, 239 Ill. 2d 215, 234 (2010)). ¶ 43 Thus, the rape-shield statute does not bar all evidence of past sexual activity, only evidence of past sexual activity that is not relevant to the charges at issue.

2014Evidentiary rulings made pursuant to the rape- shield statute are reviewed for an abuse of discretion (Santos, 211 Ill. 2d at 401 ), which “occurs where the trial court’s decision is arbitrary, fanciful or unreasonable [citation] or where no reasonable person would agree with the position adopted by the trial court” (People v. Becker, 239 Ill. 2d 215, 234 (2010)). ¶ 43 Thus, the rape-shield statute does not bar all evidence of past sexual activity, only evidence of past sexual activity that is not relevant to the charges at issue.

33
In Re EHgreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See In re E.H., 224 Ill. 2d 172, 180-81 (2006). ¶ 67 If a defendant like Encalado must be allowed to ask prospective jurors about prostitution because without that question he cannot be assured of a fair and impartial jury, then all a defendant need do to circumvent the protections of the rape shield statute is claim that the victim is a prostitute and that his patronization of a prostitute is so sensitive as to mandate voir dire questioning on the subject.

2017See In re E.H., 224 Ill. 2d 172, 180-81 (2006). ¶ 67 If a defendant like Encalado must be allowed to ask prospective jurors about prostitution because without that question he cannot be assured of a fair and impartial jury, then all a defendant need do to circumvent the protections of the rape shield statute is claim that the victim is a prostitute and that his patronization of a prostitute is so sensitive as to mandate voir dire questioning on the subject.

22
People v. Ivorygreen
illappct · 1985 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See People v. Ivory, 139 Ill. App. 3d 448, 453 (1985) (the rape shield law mandates the exclusion of evidence of the victim’s alleged profession as a prostitute).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
People v. Santos green
ill · 2004
2 sentences

2015Evidentiary rulings made pursuant to the rape- shield statute are reviewed for an abuse of discretion (Santos, 211 Ill. 2d at 401 ), which “occurs where the trial court’s decision is arbitrary, fanciful or unreasonable [citation] or where no reasonable person would agree with the position adopted by the trial court” (People v. Becker, 239 Ill. 2d 215, 234 (2010)). ¶ 43 Thus, the rape-shield statute does not bar all evidence of past sexual activity, only evidence of past sexual activity that is not relevant to the charges at issue.

2014Evidentiary rulings made pursuant to the rape- shield statute are reviewed for an abuse of discretion (Santos, 211 Ill. 2d at 401 ), which “occurs where the trial court’s decision is arbitrary, fanciful or unreasonable [citation] or where no reasonable person would agree with the position adopted by the trial court” (People v. Becker, 239 Ill. 2d 215, 234 (2010)). ¶ 43 Thus, the rape-shield statute does not bar all evidence of past sexual activity, only evidence of past sexual activity that is not relevant to the charges at issue.

32014–2015
People v. Okoro green
illappct · 2022
1 sentence

2025Okoro, 2022 IL App (1st) 201254, ¶ 60 .

12025–2025
People v. Starks green
illappct · 2006
1 sentence

2020Id.

12020–2020

Statutes the citing opinions construe

IL § 725 ILCS 5/115-7 (7) IL § 725 ILCS 5/115-7.3 (4) IL § 720 ILCS 5/12-14 (3) IL § 720 ILCS 5/9-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 8 (2014–2025) WA 2 (1993–2016) WI 2 (2019–2024) NM 2 (1997–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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