(24 Pages)

Learning Objectives:

This module will enable a judge to:

• Apply the rules of evidence in intimate partner sexual abuse cases.
• Apply the rape shield law in cases where the parties have a history of consensual sex.
• Determine the admissibility of prior bad acts.
• Determine when to admit expert witness testimony related to intimate partner sexual abuse including recantation, delayed report, failure to appear and unemotional affect during testimony.

Table of Contents

• Introduction
• Rape Shield Law
• Historical Roots
• Rape Shield Law and Intimate Partner Sexual Abuse
• Exceptions
• Mistake of Fact Defense
• Admission of Photographs, Videos and Weblogs
• Self Test and Answers
• Prior Bad Acts
• Statutory Trends Toward Admissibility
• Admission By Case Law
• Self Test and Answers
• Expert Witnesses
• Recanted Testimony
• Delayed Reporting
• Absence of Physical Injuries
• Continued Contact with Perpetrator
• Demeanor
• Complex PTSD
• Key Points: Evidentiary Issues

Module IX → Table of Contents: Evidentiary Issues
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