Saturday, April 15, 2006

Case Law Development: Arkansas Court Rules Defense May Not Question Child 6 About Being Sexually Assaulted When She was 4

The Arkansas Supreme Court ruled Thursday that a man accused of raping a 6-year-old cannot question the girl about her sexual assault by another man when she was 4. The defense had argued that it should be allowed to question question the girl about the earlier attack because she might have confused the two cases.

In making its ruling, the Arkansas Court wrote said that “In cases involving the rape of a minor, [it] has uniformly and consistently excluded evidence of the minor’s prior sexual activity, because in those cases the only two issues to be determined are the fact of the occurrence of the prohibited activity, and the age of the minor. Anything not pertaining to one of those two issues is not relevant in cases involving the rape of a minor.” Source.  Doug Thompson, Arkansas News Bureau, arkansasnews.com. For the complete news story, please click here (last visited April 15, 2006, reo). The decision of the Arkansas Supreme Court decision can be found by clicking here (last visited April , 2006, reo).

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