Does the rape shield law prohibit the media from printing or otherwise announcing the victims name?
No. Keeping the victim’s name out of the newspaper and other news reports is voluntary on the part of the media. Each media outlet determines its own policy. Does the rape shield law require that rape trials be closed to the public or the media? No. Public trials are guaranteed by the Constitution. Occasionally, a judge will impose a “gag order” on the parties to keep the jury pool from becoming tainted by news reports. And, a court may disallow cameras in the court room or prohibit photographs being taken of the victim, other witnesses, or jurors. In making these decisions, the court has to weigh the right to freedom of the press and public trials with the rights of the victim and the defendant. Is the Kansas rape shield law the same as the rape shield laws in other states? Not necessarily. Each state’s law is different. While there may be some common characteristics between states’ laws, one has to look at the statute and case law in each state to see how it applies to a given set of
