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When Are A Rape Victim's Prior False Allegations "False Enough"?

By Walin & Klarich

When is a prior false allegation of rape by a rape victim really "false enough" to have it admitted at your trial when you are accused of a sexual offense? When an accused is facing allegations of rape or molestation or any related crime and the defendant or his family tells you that the alleged victim has a "history" of bringing false allegations of rape or sexual assault in the past what do you need to do as a competent criminal defense attorney to be able to get that information before the jury? A recent decision by the Court of Appeals on June 17, 2008 would indicate that you have to do a "whole lot" before that prior "false allegation" will be admitted at the trial. In another serious blow to persons fighting allegations of sexual assault the court in People vs...continue to full post

Full post as published by Southern California Criminal Defense Blog on July 07, 2008 (boomark / email).