An explanation of how evidence regarding the character of a crime victim may be used.
1
She Deserved What She Got Beacuse She's Always Flirting Around
This is a complicated area of law. Usually it comes up only in sex crime cases although it may come up in cases of domestic violence. In general the character of the victim of such crimes may not be considered to prove consent. Manner of dress evidence may be introduced depending on the judge. These sections of the evidence code are designed to prevent the old line of defense to rape cases: "she provoked me."
2
How May Victim Evidence Be Used?
By the defendant to show conduct of the victim in conformity with a trait of character. But if that occurs the prosecution may rebut such evidence with other evidence of the defendant's character for violence. In short, claiming that the victim is responsible for her own injuries is just about dead as a defense in CA.
3
Propensity Evidence
What really hurts the defendant are the provisions of EC ยง 1108 and 1109. These sections show that if the defendant committed other sex crimes of acts of domestic violence that evidence may be used to prove that the defendant is the kind of person who does such things. This is called propensity evidence and it is killer.
Comments - add comment