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Have any of you had a case where the case you are trying is an adult that is sexually assaulted but had been previously sexually assaulted by the same defendant while they were a child. My interpretation of 38.37 is that her own extraneous offenses can't come in to explain the relationship. Is that right? Have any of you had this situation.

Before you ask, we can't file on the events that happened when she was a child because it did not occur in our state.

Any help would be appreciated.
Thanks.
 
Posts: 55 | Registered: February 15, 2005Reply With QuoteReport This Post
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Have never seen this situation before but I would go ahead and give 404B notice to the defendant and attempt to get it in during trial by having a hearing outside the presence of the jury. I think there is a decent argument to be made especially if your now adult victim is only a few years removed from childhood. Remember that 38.37 supercedes TRE 402. Good luck!
 
Posts: 293 | Location: San Antonio | Registered: January 27, 2004Reply With QuoteReport This Post
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