NCJ Number
62789
Date Published
1977
Length
10 pages
Annotation
A NEW RAPE LAW IN NORTH CAROLINA DEFINES WHAT EVIDENCE OF PAST SEXUAL BEHAVIOR IS ADMISSIBLE AND REQUIRES AN IN-CAMERA HEARING BEFORE EVIDENCE CAN BE ADMITTED.
Abstract
THE NEW EVIDENCE ADMISSIBILITY LAW IS EFFECTIVE FOR RAPE OR ATTEMPTED RAPE. UNDER THE STATE'S COMMON LAW, THERE WAS NO LIMIT TO WHAT PERSONAL SEXUAL ACTS A RAPE COMPLAINANT COULD BE ASKED ABOUT AT TRIAL. UNDER THE NEW LAW, A COMPLAINANT'S AND DEFENDANT, (2) SEXUAL BEHAVIOR WHICH COULD IMPLICATE SOMEONE OTHER THAN THE DEFENDANT, (3) EVIDENCE TENDING TO SHOW THE COMPLAINANT'S CONSENT TO RAPE, AND (4) SEXUAL ACTS FORMING A BASIS FOR EXPERT PSYCHIATRIC OPINION THAT THE COMPLAINANT INVENTED THE ACT CHARGED. PREVIOUSLY, A DEFENDANT COULD SHOW UNCHASTITY THROUGH CHARACTER WITNESSES IN ORDER TO IMPEACH THE COMPLAINANT AND BUILD A CASE FOR CONSENT. BUT SINCE UNCHASTITY IS NOW CONSIDERED SEXUAL BEHAVIOR, IT IS NOW IRRELEVANT. CHARACTER EVIDENCE FOR TRAITS SUCH AS COMPLAINANT'S VERACITY ARE STILL ADMISSIBLE, BUT TRIAL JUDGES ARE CAUTIONED TO INFORM WITNESSES IN-CAMERA ABOUT INADMISSIBLE CHARACTER EVIDENCE. IN-CAMERA HEARINGS MUST INVOLVE BOTH SIDES OF A CASE. FOOTNOTES AND THE NEW EVIDENCE LAW ARE INCLUDED. (PAP)