Posted by Eugene Volokh:
Charges Filed 32 Years After Alleged Rape Have Now Been Dropped:
http://volokh.com/archives/archive_2007_07_08-2007_07_14.shtml#1184371267
The [1]Providence Journal reports:
The attorney general's office yesterday dropped a case against a
48-year-old Narragansett man who had been charged with raping a
woman 32 years ago when both he and the alleged victim were 16
years old.... The case against [the man] was based on memories that
the alleged victim had repressed until recently, and a spokesman
for [Attorney General] Lynch�s office said state prosecutors did
not believe that her testimony would be allowed in court....
The dismissal form cites a 1996 Rhode Island Supreme Court case,
State v. Quattrocchi, which requires any case that relies on
repressed memory to have a pre-trial hearing on the evidence. "The
State dismisses despite its belief that the allegation made by the
victim and corroborated by independent evidence established
probable cause. However, the high burden for admissibility, at
trial, of testimony based on repressed memory as set forth by the
court in Quattrocchi provides a legal impediment that the state is
unlikely to overcome." ...
Although the attorney general�s office was familiar with the
requirements under Quattrocchi before filing charges against Allen,
prosecutors did not consider them until after the indictment
against him was returned, said [a spokesman for the Attorney
General's office].
Thanks to Brian Bishop for the pointer.
References
1.
http://www.projo.com/news/content/CHARGE_DROPPED_07-13-07_F66C28D.32886b4.html
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