Sex Crimes Flashcards

1
Q

Criminal Cases - Sex Crimes

A

Opinion or reputation about victim’s sexual predisposition or behavior is generally inadmissible

Exceptions:
1. specific instances of sexual behavior with someone other than the defendant was the source
2. specific instances with the defendant if defendant is asserting defense of consent
3. if excluding would violate defendant’s constitutional rights

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2
Q

Civil Cases - Sex Crimes

A

Court may admit sexual behavior or predisposition if probative value must substantially outweigh the danger of harm to any victim and of unfair prejudice to any party

Must be significantly important to the case

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3
Q

Defendant’s Other Acts of Sexual Conduct or Child Molestation

A

court may admit for any relevant purpose - propensity to commit sex crimes

Exception to any limitation
Prosecution should give notice
Judge must find sufficient to support a jury finding

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