attitude that has to be confronted in various cases
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H3VOGIU1
attitude that has to be confronted in various cases.
Frequently, if there's domestic violence that's at issue, an
expert witness comes in to explain to the jury, oh, why didn't
she leave? Why did she stay with this fellow who was beating
her up? She was free to walk out of the relationship. Why
didn't she do so? And there is a whole literature that I know
your Honor is familiar with and that we cited in our brief, as
well.
We don't want to get into that in front of the jury in
this particular case. This is a blame the victim tactic that
shouldn't be allowed. This has very marginal, if any,
probative value and a very significant prejudicial effect
because the jury will potentially blame the victim for staying
with her abusive spouse.
Now, in addition, you'll notice from the pleading that
the defendants aren't intent just on asking questions about
this, but they also want to go into the whole criminal case
against Ms. Giuffre's husband, you know, whether he appeared or
what the felony charges are and a variety of things. That,
obviously, has even less probative value than the information I
was discussing a moment ago and should be independently
excluded.
The next issue up is item 15. And here, we ask to
have excluded any suggestions that sex with a 17-year-old is
permissible. You will recall that there's debate about exactly
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
HOUSE_OVERSIGHT_011334
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