Evidence-Wellborn SU2006 Outline

Only jurisdiction that has gotten it right problem

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Unformatted text preview: that the prosecution first claim that the victim was chaste. o Could bring in reputation evidence in all states o In Texas could bring in evidence of certain acts showing the victim's propensity to be promiscuous Was part of cultural changes in the 1960's that you began to see legislative changes in the evidence law rape shield (every jurisdiction by the 80's had some form of this) Recurring problem in these laws has to do with the way the drafters of these laws, misconceived the problem Hawaii got it right when they amended their 412 (see in the interest of John Doe)...only jurisdiction that has gotten it right. Problem was conceived by the drafters was evidence of the victim's sexual character but the problem was not this, the problem was using evidence of victim's sexual character to prove SEXUAL CONSENT. Right way to do rape shield is to say evidence of a victim's prior sexual conduct in any form is inadmissible to prove that the victim CONSENTED to the conduct...but if it is relevant for other circumstan...
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