Rape cases have become a lightening rod for victims rights advocates and defense lawyers alike. Because they are often a "he said-she said" fight, the question is - who's on trial?
Defense lawyers say that the credibility of the victim is essential and therefore everything about the victim's character should be admitted into evidence for the jury to decide whether the truth proves guilt. Victim's rights advocates and prosecutors want to limit "bad character" evidence because, frankly, it can be pretty damaging.
Like this little piece of news: The accuser in the Duke rape case, filed the same charges 10 years ago against others. The link is here.
In order for the jury to discover the truth, they need to know this.
Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com
2 hours ago