Evidence of pregnancy and virginity admissible in rape case

Jul 11, 2018

Bill Vailliencourt

The Michigan Supreme Court has weighed in on what kinds of evidence can be admitted in sexual assault cases.

The court says evidence of a minor’s previous virginity, and subsequent pregnancy and abortion can be used in a rape trial. In the Wayne County case, the defense tried to argue the evidence was not admissible, in part, because it’s evidence of her sexual conduct. Evidence of a victim’s sexual conduct is not allowed under Michigan’s Rape Shield Statute.

Bill Vailliencourt is with the Prosecuting Attorneys Association of Michigan. He says there may be some cases where this type of evidence is not allowed.

“In this case, this was a circumstance where the victim was voluntarily offering the evidence. In these circumstances it’s not something the law was designed to preclude.”

A man is charged with sexually assaulting and impregnating a 14-year-old girl.