It is evident that when this type of questioning occurs, the victim must overcome the presumption that she is at fault. As it exists, the prosecution of the rapist also results in the prosecution of the victim. However, it is undeniable that the defendant in a rape case is presumed innocent until a judicial determination states otherwise. A dilemma arises when the court attempts to balance the victim's right to bring the accused to trial and the defendant's right to prove his innocence. Currently, the judicial system favors the presumption of the defendant's innocence, presupposing that the victim has falsely accused her attacker. Therefore, the victim must not only overcome her fears of facing her attacker in court, she must also deal with the underlying presumption in society that the sexual assault was consensual.
Note, The Existing Confidentiality Privileges as Applied to Rape Victims, 5 J.L. & Health 101 (1990-1991)