Evidence-Wellborn SU2006 Outline

b evidence of specific instances of sexual behavior

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: or the defendant. For example, Rule 412 protects pattern witnesses, called to testify to other acts of sexual misconduct by a defendant, from being interrogated about their own past sexual behavior. Exceptions Criminal Cases. a) The accused may offer evidence of an alleged victim's sexual behavior to prove that someone other than the accused was the source of semen, injury, or other physical evidence. (The other sexual behavior must, of course, have occurred at such a time that it actually tends to rebut or explain the prosecution's physical evidence.) b) Evidence of specific instances of sexual behavior by the alleged victim with respect to the accused to prove consent. c) Evidence of other sexual behavior or presdisposition is admissible when exclusion would violate the accused's constitutional right to confrontation or due process. a. Example Admissible. D had constitutional right to introduce evidence of the complainant's relationship with another man in order to show that she had a motiv...
View Full Document

This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

Ask a homework question - tutors are online