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Bob goes to a frat party and sees Sally looking at him in and sexually suggestive manner. They talk and they leave the party, going to Bob's room. Bob then gets Sally really drunk and against her wishes has sexual relations with her. After the encounter, Sally goes directly to the police, and Bob is charged with sexual assault. During his investigation, Bob's attorney finds four college students who are willing to testify that Sally is very promiscuous, and in the past year, they all had one night stands with Sally. Will these four college students be able to testify at Bob's trial?
1. Yes. The rules of evidence will permit prior evidence of Sally's sexual past, especially since this is very close in time to the date of this alleged sexual assault.
2. Yes. This evidence is relevant for the jury to see there are two sides of the story and who might be telling the truth.
3. No. Such testimony of sexual predisposition is prohibited under the rules of evidence
4. No. The rules of evidence prohibit evidence of any prior sexual history of any kind related to Sally.
It is argued that the exclusionary rule was invoked by the Supreme Court because there was no other effective remedy to deter police misconduct. Does this still apply in today's legal environment?
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