BAD CHARACTER EVIDENCE IN A SEXUAL ASSAULT CASE
HTML-код
- Опубликовано: 8 сен 2024
- Are you looking for a reliable criminal lawyer located in the Toronto and Greater Toronto Area that is dedicated to fighting tooth and nail to protect you?
Discover Kruse Law. We are Ontario's criminal and DUI lawyers since 1993 and have helped defend the rights of hundreds of individuals.
Learn more about how Kruse Law can help you below:
→ Get a FREE consultation www.kruselaw.c...
→ Visit our website www.kruselaw.c...
→ Read our blog www.kruselaw.c...
→ Watch our videos www.kruselaw.c...
Hi, if an accuser has two confirmed false accusations and the current accusation is only their word. Do you think the defendant has a good chance of aquittal?
The accuser called the police and an ambulance to say she had been "the R word." they did a test on her, and nothing was found. she later came clean that she made it up. This is all documented in disclosure
two false accusations confirmed by what? two convictions for defamation?
Question Mr. Kruse, in a sexual assault trial where a complainant states that they were sexually assaulted but the accused has evidence that the complainant’s family has filed fake/ frivolous lawsuits. Can that be used as bad character evidence? For example: girl complains they were sexually assault but guy finds out the girl’s family through public records on the internet has found out her family has filed fake harassment cases. Can that be used against the complainant?
Not Mark, but my quick thought is that it would be difficult. First, that's someone else, not her. If she says that the family encouraged her to make a statement, or they were also witnesses in some way, maybe. But bad character evidence of someone else is rarely going to be admissible, without a pretty solid basis that she was put up to it in some way. And if you have that, you probably already have an acquittal.
A minor secondary issue is that several times someone has said "oh they make false claims, it lost in court", I find that there hasn't been any helpful determination. The other criminal assault or harassment claims may have been dropped or diverted, but there was never any admission or finding it was false claim. I assume that would be the same with civil claims - they get resolved, but you don't have a judge make a finding or the complainant making the admission it was false. The reason a criminal conviction can be used is that is a court finding, whether after trial or by guilty plea. The courts consider that the most solid of all evidence.