Quote:
Originally posted by ltl/fb
I'm no litigator, and I'm certainly no criminal defense or prosecution litigator, but I really had thought there was something about admissibility and prior acts. For some reason I also thought that there was something . . . I don't know what . . . about prior sexual acts being brought up in rape cases. I guess if they found her blood and someone else's blood in her underwear and could link that to rough sex that would be one thing, but proving that she had sex with someone else in the recent past doesn't really seem to show anything about injuries. You'd need a lot more than just semen in her panties.
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Colorado has adopted the FRE as its rules of evidence. Rule 412(b)(1)(A) permits the admission of the victim's past sexual activity solely to prove that the source of the victim's injuries or other physical evidence (i.e. semen) are sexual partners other than the defendant.
In this age of DNA, I imagine it's tough getting a "not my semen" theory past a motion in limine.
