New York sex abuse victim attorney, James Marsh, discusses how sexual history might be introduced in campus sex assault cases.
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Similar to criminal cases a victims sexual history cannot really be used against them as part of a Title IX proceeding. Remember, these are campus hearings so a lot of what you see on TV whether it’s SVU or other kinds of shows where these issues get debated it’s not exactly the same as in the campus environment. The guidance’s are very clear and the federal guidelines say that a victim’s sexual history cannot be introduced or explored as part of the investigation. Of course, sometimes a victim’s sexual history with the respondent can be used but again, it should be very limited to the issues that are being discussed and investigated as part of that process. So basically, I guess the answer is a victim sexual history cannot and should not be used but it may be used in certain limited circumstances with regards to the individual respondent and the case when it’s relevant and it’s essential to a determination.