UMM Logo

Universitas Muhammadiyah Malang


Free Download Journals Directory


International Journal of Law and Management

A SYSTEM APPALLINGLY OUT OF BALANCE”: MORGAN V. STATE AND THE RIGHTS OF DEFENDANTS AND VICTIMS IN SEXUAL ASSAULT PROSECUTIONS

DANIEL E. DOTY
J.D., William & Mary Law School, 2013; B.A., The George Washington University, 2009. The author was an Assistant District Attorney in Bethel, Alaska from 2013 to 2015
Abstract :

In a series of three cases that culminate with Morgan v. State, Alaska's courts established a unique protection for defendants in sexual assault cases. This protection, which allows such defendants to attack their victims in court with previous reports of sexual assault that did not result in prosecution, is not afforded to defendants in other cases and is based on a dubious "general principle" that the credibility of sexual assault victims has "special relevance." The protection is problematic in several ways: it is grounded in erroneous stereotypes about the victims of sex crimes; it is detrimental to victims and the pursuit of truth; it is inconsistent with traditional rules of evidence; and it is unnecessary to protect the rights of defendants. For these reasons, this protection for defendants in sexual assault cases should be abrogated by legislative action as proposed herein.

Keywords :
Alaska Rule, The Court of Appeals, sexual assault victim’s

Date Deposited : 29 Mar 2016 13:45

Last Modified : 29 Mar 2016 13:45

Official URL: http://scholarship.law.duke.edu/journals/

Volume 2, Number 32, - 2016 , ISSN 1930-6598

Download:
Full Text Original
Abstract : pdf doc