Evidence-Wellborn SU2006 Outline

Notes evidence that she had a previous sexual

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Unformatted text preview: ter and past sexual behavior of a victim of sexual assault unconstitutional? Should the evidence have been admitted? issue is capacity to consent legally (she's 19 and an adult) Holding: Hawaii's per se exclusion of the past sexual behavior evidence of a victim is unconstitutional. Defendant was entitled under the due process and confrontation clauses to elicit such evidence about the D's sexual knowledge in order to help the factfinder determine whether the Complaining witness was mentally defective and whether D knew that the complaining witness was mentally defective. Notes: Evidence that she had a previous sexual relationship with another man, her use of birth control pills was cut off by lower court. Superior court says no, needs to be admitted because it goes to the heart of an element of the crime! After this case Hawaii amended Rule 412: Evidence of the past sexual behavior of an alleged victim of sexual assault is not admissible in a criminal trial "to prove the character of the victim in order to show action in conformity therewith." Added language makes clear that what is excluded is evidence of the victim's character offered to show a propensity or inclination to behave similarly on the occasion in question. Wellborn thinks this...
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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.

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