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D is on trial for the accused rape of V, the victim in the case. D and V began dating in January of 2019 but
- D is on trial for the accused rape of V, the victim in the case. D and V began dating in January of 2019 but broke up after having an argument in May of 2019. However, because D wished to get back together with V, he went over to her apartment to hopefully reconcile and start dating again on June 4, 2019.During the visit, D and V have sexual intercourse. After D leaves V's apartment, he goes home but the police arrive at his home and arrest him because V has accused him of rape. D denied the rape charge and wishes to have the case go to trial rather than accept a plea bargain. At the trial, defense counsel on cross-examination of V, questions V about her past sexual history. The prosecution objects to these questions stating the victim is protected from answering the questions because of the Rape Shield Laws.
a. Explain the elements of the crime of rape as they are interpreted today.
b. What are the Rape Shield Laws?
c. How should the judge rule about what the victim should be required to answer on cross-examination regarding her past sexual history, if at all.
2. What were the facts (briefly), the issue in the case and holding by the Court in Boro v.Superior Court - California Court of Appeal - 1985?
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