Restraining Orders

If your case goes to trial because the abuser objects to the order being entered, you will most likely have to testify about what happened and be cross-examined by the abuser’s lawyer. However, if the abuser doesn’t have a lawyer, it’s possible that the abuser will be the one to ask the questions on cross-examination. Delaware’s law includes several rules to help prevent a victim of sexual assault from being re-victimized in the courtroom during cross-examination. In most situations, your “sexual reputation” or your prior sexual activity can only be brought up if:

• it is related to past sexual activity with the abuser; and
• the abuser is using that past activity as evidence that the non-consensual contact you alleged in your petition was actually consensual.¹

In addition, none of the following things can be considered as evidence:

1. if the abuser was voluntarily intoxicated;
2. if you were voluntarily intoxicated;
3. if you consented to limited sexual touching with the abuser; and
4. if you chose not to report the abuser’s non-consensual acts or his/her threats to law enforcement officials.²

¹ 10 Del.C. § 7205(6)
² 10 Del.C. § 7205(7)