top-rated free essay

Sexual Assault Federal and State Rules of Evidence

By lildrizzi Apr 24, 2015 648 Words

Criminal Law (CRJS - 2003 - 1)

For this week’s assignment I am going to discuss one federal and one state rule of evidence or statute and what affects they may have on both the prosecution and defense of sexual assault cases.

Federal and State rules of evidence statues can affect both the prosecution’s ability to try a sexual assault case successfully, and a defender’s ability to defend their client successfully. The Federal Rules of Evidence › ARTICLE IV. RELEVANCE AND ITS LIMITS › Rule 412. Sex-Offense Cases: The Victim, is one such statue, as- is, Minnesota Statue 609.347 EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES. Federal Rules of Evidence Rule 412 (a), in both civil and criminal proceedings that involve alleged sexual misconduct, prohibits the admissibility of offering evidence that proves the victim had engaged in other sexual activity or offering evidence that proves any of the victim’s sexual predispositions ("Rule 412. Sex-Offense Cases: The Victim | Federal Rules of Evidence | LII / Legal Information Institute," n.d.). This could be beneficial to the prosecution because it prevents the defense from presenting evidence that may bias the jury against the victim, such as, previously known promiscuity, known prostitute, etc…. However, Rule 412 (b) allows for three exceptions that could benefit the defense. First being, evidence of a victim’s previous sexual engagement’s may be admissible if offers proof that someone else other than the defendant was source of physical evidence, such as, semen for instance. Second, specific instances of a victim’s sexual behavior with respect to the accused, may be admissible if, offered to prove consent or offered by the prosecution. The third exception is, if the exclusion the evidence would violate the defendant’s constitutional rights ("Rule 412. Sex-Offense Cases: The Victim | Federal Rules of Evidence | LII / Legal Information Institute," n.d.)

2014 Minnesota Statue 609.347 EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES states in Subd. 1, that in victim testimony, corroboration unnecessary. The benefit to the prosecution is quite obvious within this statue, essentially freeing them from having to prove the victim’s claim that an assault did in fact occur. However, this statue does little to benefit the defense, but in Subd. 3 of Minnesota statue 609.347 there are some subsections that may be of help to the defense. Although, as a whole, Minnesota Statue 609.347 Subd. 3 disallows for evidence of a victim's previous sexual conduct, when consent of the victim is the defense, it allows for the following to be admitted; “(i) Evidence of the victim's previous sexual conduct tending to establish a common scheme or plan of similar sexual conduct under circumstances similar to the case at issue. In order to find a common scheme or plan, the judge must find that the victim made prior allegations of sexual assault which were fabricated; and (ii) Evidence of the victim's previous sexual conduct with the accused. (b) When the prosecution's case includes evidence of semen, pregnancy, or disease at the time of the incident or, in the case of pregnancy, between the time of the incident and trial, evidence of specific instances of the victim's previous sexual conduct is admissible solely to show the source of the semen, pregnancy, or disease” (Minn. Stat. § 609.347, Subd. 3 (a) (i) (ii) (b) (2014)). In conclusion, doing this assignment this week has really shown me just how much our government tries to enact laws that are balanced and fair. As the previous shows these laws are not simply designed to benefit one side, they have aspects that are beneficial to all involved, the prosecution, the defense, the victim, and the accused. Additionally I have learned, there is something harder than citing psych papers….. and that is citing law references .

Rule 412. Sex-Offense Cases: The Victim | Federal Rules of Evidence | LII / Legal Information Institute. (n.d.). Retrieved from 609.347 - 2014 Minnesota Statutes. (2014). Retrieved from

Cite This Document

Related Documents

  • Sexual Assault On College Campuses

    ... Carmen Judd Jessica Hill COMP150 October 13, 2014 Introduction Sexual assault is a prominent issue on college campuses all over the country and it affects everyone that is involved. The government is putting a lot of pressure on college administrations to help prevent the chance that one of their students may be drugged and/or sexually as...

    Read More
  • Federal Rules of Evidence

    ...Federal Rules of Evidence April 03, 2011 (1) In determining testimony, documents, and tangible objects, the judge or jury will rely on the Federal Rules of Evidence and/or applicable state rules of evidence. There are eleven specific functions, qualifications, and categories of evidence that make up the Federal Rules of Evidence. Thes...

    Read More
  • Federal Rules of Evidence

    ...DISCUSSION FORUM _ LESSON 4 1. Summarize the Federal Rules of Evidence in your own words. The Federal Rules of Evidence (F.R.E.) enacted in 1975 and replaced prior centuries of various and sundry judge made caselaw. The F.R.E. is a complex set of statutes or penal codes legislated with the intent of replacing unfair evidentiary submissio...

    Read More
  • Sexual Assault

    ...Sexual Assault described in technical terms is defined as any sort of sexual activity between two or more people in which one of the people involved is involved against his or her will. (3) The description of "against his or her will" extends to varying degrees of aggression, ranging from indirect pressure to a direct physical attack. While sexu...

    Read More
  • sexual assault

    ... Rape is considered a type of sexual assault, which is initiated by one or more people against another person without that persons consent. The act may have been forced, under threat, or with a person who is incapable to give a valid consent(1). The definition of rape has changed throughout history and is different in different parts of the...

    Read More
  • Sexual Assault

    ...Sexual Assault Sexual assault occurs when a person is forced, coerced or tricked into sexual acts against their will or without their consent, or if a child or young person under 18 is exposed to sexual activities. Sexual assault is a crime. Sexual assault is not the victim's fault. Its impact on the individual, their friends, family and com...

    Read More
  • Sexual Assault Law Reform

    ... Legal Studies Assignment The Legal System – Law Reform Evaluate the effectiveness of the law reform process in achieving just outcomes in regard to sexual assault. Teacher: Word Count: 2293 Sexual Assault Law Reform. Sexual Assault is a general term for criminal offen...

    Read More
  • In Support of Federal Rules of Evidence Rule 702 in the Movie "My Cousin Vinny"" a legal case, or they can be useful to cast doubt on evidence or facts presented by the opposing attorney. Snap! Lisa has the experience and knowledge of cars beyond the average witness or players in the court! “Personal knowledge and experience can be the basis of an expert’s testimony” (Dvoskin and Guy, 2008, p. 204). Before te...

    Read More

Discover the Best Free Essays on StudyMode

Conquer writer's block once and for all.

High Quality Essays

Our library contains thousands of carefully selected free research papers and essays.

Popular Topics

No matter the topic you're researching, chances are we have it covered.