Evidence-Wellborn SU2006 Outline

State evidence concerning the victim in a criminal

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Unformatted text preview: e to falsely accuse D of rape. b. Example Admissible. D had right to prove that his 15 year old accuser had made a prior false charge of being sexually assaulted in order to get her mother's attention (Confrontration Clause rights) c. Example Admissible. Uncontroverted evidence that three boys sexually assaulted the alleged victim at a time proximate to the charged assault should have been admitted as an alternative explanation for the alleged victim's regressive behaviors which the prosecution contended were a result of sexual assault. SUMMIT v. STATE [Evidence Concerning the Victim in a Criminal Case: Rape & Sexual Assault FRE 412] Facts/Procedural Posture: Grand jury indicted Summitt for three counts of sexual assault committed on a six year old child. At the trial, Summitt sought to introduce evidence of a prior sexual experience of the victim which included intercourse, fellatio and the fondling of the victim's genitalia. The prior assault had occurred two years before the crime in is...
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