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NCJRS Abstract

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NCJ Number: 62789 Find in a Library
Title: NEW RAPE EVIDENCE LAW
Author(s): R L FARB
Corporate Author: University of North Carolina at Chapel Hill School of Government
United States of America
Date Published: 1977
Page Count: 10
Sponsoring Agency: University of North Carolina at Chapel Hill School of Government
Chapel Hill, NC 27599-5381
Sale Source: University of North Carolina at Chapel Hill School of Government
Knapp-Sanders Building
Campus Box 3330
Chapel Hill, NC 27599-5381
United States of America
Language: English
Country: United States of America
Annotation: A NEW RAPE LAW IN NORTH CAROLINA DEFINES WHAT EVIDENCE OF PAST SEXUAL BEHAVIOR IS ADMISSIBLE AND REQUIRES AN IN-CAMERA HEARING BEFORE EVIDENCE CAN BE ADMITTED.
Abstract: THE NEW EVIDENCE ADMISSIBILITY LAW IS EFFECTIVE FOR RAPE OR ATTEMPTED RAPE. UNDER THE STATE'S COMMON LAW, THERE WAS NO LIMIT TO WHAT PERSONAL SEXUAL ACTS A RAPE COMPLAINANT COULD BE ASKED ABOUT AT TRIAL. UNDER THE NEW LAW, A COMPLAINANT'S AND DEFENDANT, (2) SEXUAL BEHAVIOR WHICH COULD IMPLICATE SOMEONE OTHER THAN THE DEFENDANT, (3) EVIDENCE TENDING TO SHOW THE COMPLAINANT'S CONSENT TO RAPE, AND (4) SEXUAL ACTS FORMING A BASIS FOR EXPERT PSYCHIATRIC OPINION THAT THE COMPLAINANT INVENTED THE ACT CHARGED. PREVIOUSLY, A DEFENDANT COULD SHOW UNCHASTITY THROUGH CHARACTER WITNESSES IN ORDER TO IMPEACH THE COMPLAINANT AND BUILD A CASE FOR CONSENT. BUT SINCE UNCHASTITY IS NOW CONSIDERED SEXUAL BEHAVIOR, IT IS NOW IRRELEVANT. CHARACTER EVIDENCE FOR TRAITS SUCH AS COMPLAINANT'S VERACITY ARE STILL ADMISSIBLE, BUT TRIAL JUDGES ARE CAUTIONED TO INFORM WITNESSES IN-CAMERA ABOUT INADMISSIBLE CHARACTER EVIDENCE. IN-CAMERA HEARINGS MUST INVOLVE BOTH SIDES OF A CASE. FOOTNOTES AND THE NEW EVIDENCE LAW ARE INCLUDED. (PAP)
Index Term(s): Evidence identification; Laws and Statutes; North Carolina; Rape; Rules of evidence; Sexual behavior
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62789

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