Return to Transcripts main page
CNN Sunday Morning
Rape Shield Laws
Aired August 10, 2003 - 09:43 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SEAN CALLEBS, CNN ANCHOR: Kobe Bryant's sexual assault case isn't the only one making headlines. In New Jersey there's a simmering legal debate over rape laws. Our Jason Carroll has the details.
(BEGIN VIDEOTAPE)
JASON CARROLL, CNN CORRESPONDENT (voice over): While the media focuses its attention on developments surrounding the Kobe Bryant case in Colorado, Laura Luciano flips through press clippings of a case that received little attention at the time in New Jersey. Almost ten years ago, Luciano was sexually assaulted by a fellow college student, a young man she had known for just a few days.
LAURA LUCIANO, RAPE SURVIVOR ADVOCATE: He stood up and said, you're not going to class tonight. And locked the door, and that's when the assault happened.
CARROLL: Luciano pressed charges. Her attacker ended up pleading guilty just before trial. She worries a recent change in the state's rape shield law, which prevents a victim's sexual history from being brought up, will deter victims from coming forward.
LUCIANO: I feel like New Jersey has been progressive in the laws and in supporting victims. And this is almost like a step backwards.
CARROLL: Last month, the state supreme court revised New Jersey's rape shield law, ruling parts of it unconstitutional. The change means a victim's sexual history with the defendant, going back several years, if applicable, can now be admitted.
RUSSELL COOMBS, ASSOCIATE LAW PROFESSOR, RUTGERS UNIVERSITY: It has changed the balance somewhat toward a fair trial for every defendant and against, you know, against the making it easy for the alleged victim.
CARROLL: Associate law professor Russell Coombs, supports the change.
COOMBS: This kind of defense evidence, evidence about prior sexual conduct of the alleged victim toward the defendant, has to come in whenever the evidence is necessary for the defendant to have a fair trial.
LUCIANO: The past sexual history has nothing to do with that. It's really about the crime that happened, about this particular time this person either said no or conveyed a message of no. And that was ignored.
CARROLL: The state's attorney general says the legal debate is not over.
PETER HARVEY, NEW JERSEY ATTORNEY GENERAL: We're going to ask the United States Supreme Court to review it. Our concern, of course, is protecting victims of rape.
CARROLL: Other states considering altering their laws will be following this closely. If the U.S. Supreme Court sides with victims advocates, New Jersey would, once again, have one of the strongest rape shield laws in the country.
Jason Carroll, CNN, New Brunswick, New Jersey.
(END VIDEOTAPE)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired August 10, 2003 - 09:43 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SEAN CALLEBS, CNN ANCHOR: Kobe Bryant's sexual assault case isn't the only one making headlines. In New Jersey there's a simmering legal debate over rape laws. Our Jason Carroll has the details.
(BEGIN VIDEOTAPE)
JASON CARROLL, CNN CORRESPONDENT (voice over): While the media focuses its attention on developments surrounding the Kobe Bryant case in Colorado, Laura Luciano flips through press clippings of a case that received little attention at the time in New Jersey. Almost ten years ago, Luciano was sexually assaulted by a fellow college student, a young man she had known for just a few days.
LAURA LUCIANO, RAPE SURVIVOR ADVOCATE: He stood up and said, you're not going to class tonight. And locked the door, and that's when the assault happened.
CARROLL: Luciano pressed charges. Her attacker ended up pleading guilty just before trial. She worries a recent change in the state's rape shield law, which prevents a victim's sexual history from being brought up, will deter victims from coming forward.
LUCIANO: I feel like New Jersey has been progressive in the laws and in supporting victims. And this is almost like a step backwards.
CARROLL: Last month, the state supreme court revised New Jersey's rape shield law, ruling parts of it unconstitutional. The change means a victim's sexual history with the defendant, going back several years, if applicable, can now be admitted.
RUSSELL COOMBS, ASSOCIATE LAW PROFESSOR, RUTGERS UNIVERSITY: It has changed the balance somewhat toward a fair trial for every defendant and against, you know, against the making it easy for the alleged victim.
CARROLL: Associate law professor Russell Coombs, supports the change.
COOMBS: This kind of defense evidence, evidence about prior sexual conduct of the alleged victim toward the defendant, has to come in whenever the evidence is necessary for the defendant to have a fair trial.
LUCIANO: The past sexual history has nothing to do with that. It's really about the crime that happened, about this particular time this person either said no or conveyed a message of no. And that was ignored.
CARROLL: The state's attorney general says the legal debate is not over.
PETER HARVEY, NEW JERSEY ATTORNEY GENERAL: We're going to ask the United States Supreme Court to review it. Our concern, of course, is protecting victims of rape.
CARROLL: Other states considering altering their laws will be following this closely. If the U.S. Supreme Court sides with victims advocates, New Jersey would, once again, have one of the strongest rape shield laws in the country.
Jason Carroll, CNN, New Brunswick, New Jersey.
(END VIDEOTAPE)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
