consent, because non-marital sex has become common and consent to sex on one occasion, with one man, is not evidence of consent on another occasion or with another man (67). Susan Estrich stated she would exclude evidence of the woman's past sexual encounters with other men because "most women, like most men, have had past sexual encounters and so unless the pattern is indeed peculiarly close, they don't prove a thing" (67).One justification for excluding past sexual evidence in a rape case is the argument that the probative value of the evidence is outweighed by the danger that it will prejudice the jury. A woman's promiscuity enhances the plausibility of the defendant's tale of seduction, but it also, much less obviously, it enhances the plausibility of her tale of rape. The woman's failure to accuse any of her prior lovers of rape tends to show that she does not make false rape accusations: "If the victim has had twenty instances of prior sexual conduct with rock stars, without claiming rape, in the absence of other evidence of motivation the most reasonable inference is that she claimed rape this time because she was raped" (69). More important, sexual permissiveness is associated with rape victimization. The best predictor of one whether one will be a rape victim, according to research by Koss and Dinero, is a composite model based on a history of child sexual abuse, liberal sexual attitudes, higher than average alcohol use, and above average sexual activity (69). In other words, the women who are most likely to consent are also the women who are most likely to be raped when they do not consent. Data was collected for all cases of forcible rape listed by the Philadelphia police in 1958 and 1960. It was found that, of 640 women who reported rapes to the police, 19% had an arrest record, and 37.9% of these arrests were for sexual misconduct including "promiscuity" and prostitution (70). If juvenile misconduct is counted, 56....
