The New York state Senate on Wednesday passed a bill to explicitly allow evidence of prior sexual offenses in sex crimes cases, a move to change the legal standard Harvey Weinstein used to overturn his rape conviction.Lawmakers began pushing the measure weeks after thein a ruling that found a trial judge unfairly allowed women to testify about assault allegations that weren’t part of the criminal charges against Weinstein.
The bill would make clear that evidence of previous sexual offenses can be heard in sex crimes cases, even if those prior allegations are not directly part of the underlying criminal charges. The proposal would also give judges discretion to not allow such testimony if it would create “undue prejudice” against a defendant.
The Legal Aid Society, which provides free legal representation, has warned that the proposal would confuse jurors by allowing too much outside evidence at trials and would result in unfair convictions.
Source: Law Daily Report (lawdailyreport.net)
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