The other night I was watching an old movie, Cape Fear, with Robert De Niro and Nic Notle. The premise is that Nick Notle was a lawyer representing Robert De Niro, who was jailed for rape. De Niro gets out and stalks the family because he feel Notle let him down as a lawyer.

One scene in particular stood out, where NN is talking to a fellow lawyer about the case, and the exchange went like this:

NN: Tom, 14 years ago, in this case, I had a report on the victim...

Tom: It was a rape case?

NN: That's right. Rape and aggravated sexual battery. I had a report on this victim. And it came back that she was promiscuous. And, uh, I buried it.

Tom: Anyone else know?

NN: No, I buried it. I didn't show it to my client or the prosecution. But if you had seen what this guy did to this girl.

Tom: In every criminal prosecution the accused shall have the assistance of counsel for his defense.

NN: I know the 6th amendment.

The movie is from 1991, so it likely wouldn't be made today, but I was still bothered. What on earth does a womans sex life have to do with rape? Why would that even be a consideration? I could see allowing evidence if the person had knowingly, faslely, maliciously accused someone of rape previously (maybe, even that would take some convicing).

There have been other big cases, like the judge who asked a rape victim why she didn't just 'close her legs?" https://ca.finance.yahoo.com/news/judge-just-slut-shamed-rape-195800216.html

There is zero reason to bring up someones sex life at a trial. It doesn't matter if the person slept with 10 other people that day, if they said no to the 11th and they went ahead with it, it was rape. If you have consentually slept with that person before and this time they said no, it's rape.

Consent given once is not consent given forever. Being promiscious doesn't not mean you cannot be raped

Any thoughts?