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Young (20) lesbian raped by guy. Any special voir dire questions? | ||
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Unless the defense is consent, why would the sexual orientation of the victim be relevant or admissible? | |||
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Motive for a hate-crime? | |||
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I can hear the defense now....it was consensual until her girlfriend found out and then she cried rape to cover. I would certianly go over it in voir dire if I got any inkling that that was the defense and would probably go over it regardless and not roll the dice that it won't come out at some part of the testimony. I'd ask at least who believes that the lifestyle is immoral/illegal. | |||
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and the added horror to the victim | |||
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How is finding out if jurors are biased against the victim because she's a lesbian different than being biased in favor of a victim because she's a nun? | |||
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If a nun were to testify, the defense would voir dire on "who would believe a nun's testimony above and beyond anyone else's testimony just because she is a nun." Then they would try to strike those jurors who would believe a nun just because she was a nun. The State must know if some of the prospective jurors have a bias against the victim's sexual orientation. | |||
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I agree that the State must know it, but how you go about phrasing the questions is important. How should DJC craft questions so that they don't run afoul of Barajas v. State, 93 S.W.3d 36 (Tex. Crim. App. 2002)(question asking jury if they could be fair and impartial when victim was nine years old was impermissible because it was too vague and overly broad)? | |||
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