Evidence-Wellborn SU2006 Outline

Evidence offered to prove that any alleged victim

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Unformatted text preview: ence that this propensity entered in here....judge has to decide whether somebody "could believe" that she was going to kill him here.... Evidence Concerning THE VICTIM in a Criminal Case: Rape and Sexual Assault [FRE 412] FRE 412: Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition a) Evidence Generally Inadmissible. The following evidence is not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in subdivisions (b) and (c): 1. Evidence offered to prove that any alleged victim engaged in sexual behavior; and 2. Evidence offered to prove any alleged victim's sexual predisposition. b) Exceptions: 1. In a criminal case the following evidence is admissible, if otherwise admissible under these rules: i. Evidence of specific instances of sexual behavior by the alleged victim offered to prove that a person other than the accused was the source of semen, injury or physical evidence. ii. Evidence of specific instances of sexual be...
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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 at Austin.

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