Court-Martial Trial Practice Blog
Peter Tillers, Prior False Accusation Evidence and the Confrontation Clause, 12 February 2009, draws attention to an excellent law review piece potentially relevant to a frequent number of military sexual assault cases.
Jules Epstein, True Lies: The Constitutional and Evidentiary Bases for
Admitting Prior False Accusation Evidence in Sexual Assault
Prosecutions, 24 QUINNIPIAC L. REV. 609 (2006).
Admitting Prior False Accusation Evidence in Sexual Assault
Prosecutions, 24 QUINNIPIAC L. REV. 609 (2006).
Tillers argues:
[This] article suggests that the historic roots of the Confrontation
Clause guarantee the right to impeach a testifying witness with proof
of 'corruption,' a category that includes the making of false
accusations.
Clause guarantee the right to impeach a testifying witness with proof
of 'corruption,' a category that includes the making of false
accusations.
And typically, isn't that the reason the defense wants to cross-examine on prior false complaints.