The #MeToo movement has brought significant changes to organizations across the country, but its effect in the courtroom and criminal justice system may be the most dramatic. In the process of giving victims a louder voice in prosecution of sex and domestic violence crimes, many jurisdictions are changing the rules of evidence to allow introduction of evidence that might have been excluded before. Anyone accused of a sexual or domestic violence offense should make sure their criminal defense attorney understands these changes and how they might affect the case. Even more liberalization of these rules is occurring in the civil justice system, where a person’s freedom is not at stake. In several states, including New York, claims going back decades are now being allowed to go forward.

Changes in Rules of Evidence

The law strives to ensure a defendant is only tried for the crime alleged to have been committed, not prior bad acts. Previous bad acts are generally inadmissible, unless prosecutors can show they are indicative of a “pattern” of behavior, and their probative value outweighs the potential for prejudice. For example, at Bill Cosby’s second trial, the jury was allowed to hear testimony from several accusers spanning decades, evidence that was not permitted at the first. This additional evidence undoubtedly led to his conviction, and many say this was the result of the Court being swayed by public opinion.

Jury Awareness

By promoting awareness of sexual assault and harassment, the #MeToo movement has made it easier for alleged victims to come forward, particularly if there is also a potential civil claim for money. This public debate influences potential jurors, who are now more inclined to believe them no matter how much time has gone by. An experienced criminal defense attorney will know how to handle these sensitive situations and vigorously protect your rights, particularly against adverse media exposure. Also, if a Domestic Violence case involving a divorce or Family Court, Mr. Corletta can use his extensive domestic relations experience to represent you effectively in both matters.

For nearly 40 years, Thomas A. Corletta, Attorney at Law has provided aggressive criminal defense to people in Rochester, NY. You’ll always work directly with him, not a junior associate or paralegal. If you’ve been charged with a sexual or domestic violence offense, visit his website to see how he can help, follow him on Facebook and Twitter for more news and updates, or call (585) 546-5072 to meet with this respected criminal defense attorney.