False Accusation

False Accusation


Charge: rape. M.O.: victim put in fear of serious bodily harm but no violent assault other than the alleged rape. Defense: consent. You are defense counsel. In pretrial investigation you learn that in the past two years the victim has accused five other men of rape. In four cases she subsequently withdrew her accusations, and in the other case the accused was acquitted by the jury in one-half hour after a five-day trial. You have been informed by an expert psychologist that the victim is a pathological liar. How would you introduce evidence of the prior accusations at defendant's trial? As prosecutor, what would you argue to exclude the evidence? Should such evidence be admitted? As a judge how would you rule?

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