Evidence-Wellborn SU2006 Outline

Evidence of an alleged victims reputation is

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Unformatted text preview: havior by the alleged victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent or by the prosecution; and iii. Evidence the exclusion of which would violate the constitutional rights of the defendants. 2. IN a civil case, evidence offered to prove the sexual behavior or sexual predisposition of any alleged victim is admissible if it is otherwise admissible under these rules and its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. Evidence of an alleged victim's reputation is admissible only if it has been placed in controversy by the alleged victim's guardian or representative. Providing a new balancing test (substantially outweighs..) NOTE: WELLBORN SAYS THESE EXCEPTIONS ARE NOT AN EXCLUSIVE LIST (for instance can bring in evidence of sexual knowledge if it's a child..) c) Procedures to Determine Admissibility.... Texas Rule 412 differs in many details from FRE 412: Civil and Criminal Cases: o Federal Rule applies in both civil and criminal cases o Texas rule applies only in certain enumerated criminal cases. (In TX civil...
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