Undressing the Victim: The Intersection of Evidentiary and Semiotic Meanings of Women's Clothing in Rape Trials

Abstract

On the night of the alleged rape the woman was wearing a high-necked cocktail dress trimmed with bright colors. She also wore black panty hose, a lace bra, and panties. After the alleged rape, she went to a friend's house, where she borrowed a Madonna T-shirt emblazoned with the words, "I think I am a sexual threat." Months later, when William Kennedy Smith was on trial for rape, each of these articles of clothing came before the jury. The judge refused the defense's request that the jury see the actual bra and panties, but permitted the jury to view photographs of them. The defense made sure that the tags identifying the undergarments as apparel from Victoria's Secret appeared in the photographs.