A man that my daughter has been involved with has been accused of sexual assault. She has been abused by this man herself. She gave testimony against him regarding the above mentioned case. She was harassed about recanting her testimony. She told me that she was not going to lie for anyone. After a couple months of suggestions by this man she did recant her testimony. A letter was found with the following statements included: For (1) "It was not fair of you to ask me to carry around that sort of guilt and for (2) I never said you raped that girl. I never once said that. I said I was not there and that I can not say if a sexual assault happened. You know the kind of person I am and you know I can not carry around that sort of burden without it eating me up inside. I don't know if that girl is lying about any of it or not. I just know what you told me and I can't live with saying something happened one way when I don't have a clue. If nothing more then what you said happened than I don't know why you are worried?" I need to know if this could be used as evidence or this would be considered "she said, he said". Should I turn it in to the authorities or just doing nothing with it.
It could be used as evidence. Whether it's admissible is up to the judge. How much weight it is given is up to the jury.
Robert D. Kane, Jr. Esq. Licensed in CALIFORNIA (based in City of Orange, Orange County;) and MINNESOTA (based in Eagan, Dakota County.) State and Federal Courts My answers are for general information only and not legal advice. My answers should not be relied on as specific legal advice. Much more information would most likely be needed for a legal opinion. My answers are based on Minnesota or California law as appropriate. I am only licensed in California and Minnesota. I provide legal advice and counsel during the course of an attorney-client relationship only. This relationship is established by a written agreement and a retainer (unless otherwise agreed upon.)
It’s possible that this letter could be used to impeach the witness.
The rules of evidence dictate the admissibility of evidence. A letter is hearsay, and generally inadmissible absent certain exceptions. However, it could be used as either substantive or impeachment evidence depending on the circumstances.
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