Jan. 10 – EvidenceProf Blog
Professor Colin Miller authored blog
A defendant is on trial for criminal sexual conduct based upon acts that he allegedly committed against a 10 year-old victim. Previously, a forensic examination of the alleged victim revealed scar tissue on her hymen. Before trial, the defendant failed to comply with the procedure for admitting evidence under an exception to the rape shield rule, but he later asks to introduce evidence of another sexual crime committed against the alleged victim under one of these exceptions. The trial court refuses to allow defense counsel to cross-examine the alleged victim regarding evidence of this other sexual crime, but it does allow him to present such evidence through other witnesses. Sounds like a reasonable compromise, right?
