I would like to talk about one amendment that the Democrats on the Rules Committee did not think important enough to allow for debate. It changes the Federal rules of evidence to let prosecutors in sexual assault and children molestation cases introduce evidence that the defendant has committee similar crimes in the past. This is not point for frivolous discussion. This same amendment was adopted by the other body 75-19 and is part of their crime bill. Under the present rules prior evidence is sometimes excluded from a trial for fear it may prejudice the jury into rendering a verdict based on emotion rather than fact. The ironic result is that serial rapists and child molesters go free because current law encourages reversals. Rape and child molestation are crimes usually committed in secret and neutral witnesses are usually lacking. Many trials become a matter of the victim's word against the defendant's, forcing the jury to decide who is more credible. The past conduct of a person with a history of rape or child molestation provides evidence that he or she has the combination of aggressive and sexual impulses that motivates the commission of such crimes and lacks the inhibitions against acting on these impulses. A charge of rape or child molestation has greater plausibility against such a person. Usually, rapists develop a pattern among their victims. Their assaults show striking similarities as they move from victim to victim.
Susan Molinari: “I would like to talk about one amendment that the Democrats on the Rules Committee did not think important enough to…”
Editor's note · Context
Discussing an amendment related to evidence in sexual assault and child molestation cases.
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