TDCAA Community
any special questions?

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3371054661

May 14, 2008, 15:37
DJC
any special questions?
Young (20) lesbian raped by guy. Any special voir dire questions?
May 14, 2008, 16:30
Ken Sparks
Unless the defense is consent, why would the sexual orientation of the victim be relevant or admissible?
May 14, 2008, 16:36
AlexLayman
Motive for a hate-crime?
May 14, 2008, 17:10
Stacey L. Brownlee
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.
May 14, 2008, 17:47
DJC
and the added horror to the victim
May 14, 2008, 20:50
R.J. MacReady
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?
May 14, 2008, 21:10
JSH
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.
May 15, 2008, 07:30
R.J. MacReady
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)?