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MMLU / A college student attended a fraternity party. He noticed a young woman flirting…

Problem

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question

A college student attended a fraternity party. He noticed a young woman flirting with him in a sexually suggestive way. He took her home and ended up forcefully raping her against her will. She escaped after the rape and went directly to the authorities. The police filed charges of rape. The student-defendant found several men willing to testify that the woman was promiscuous, that they had relations with her and that she was very prolific in her sexual life. Will the trial court likely permit the witnesses to testify to the woman's sexual predisposition under the Federal Rules of Evidence?

choices

  1. Yes, because the rules permit evidence of a victim's sexual predisposition to test credibility.
  2. Yes, because the evidence will help the jury see that there may be two sides to the story and that the woman was thus the sexual predator instead of the man.
  3. No, because such "sexual predisposition" evidence is generally prohibited by the rules of evidence except under narrow exceptions.
  4. No, because the rules of evidence prohibit all evidence of a victim's prior sexual history.

subject

professional_law

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