It noted that courts in Texas, Oregon, and Kansas concluded that despite Rule 608, "the confrontation clause of the Constitution requires this kind of impeachment if the evidence of the complaining witness
's fabrication is strong enough." (67) With this, the court asserted its holding:
A rehearing can be an emotional, confusing, and difficult situation for a complaining witness
. Defense counsel, and the military judge, will sometimes use the term "alleged victim." (53) While this may be appropriate once a conviction has been overturned, it returns to the complaining witness
the qualifier "alleged" that the complaining witness
likely thought was permanently excised by the prior conviction.
the complaining witness
's sexual conduct with them when offered to
Most courts caution that the expert testimony should be carefully elicited so that the expert does not testify directly as to the credibility of the complaining witness
. (83) Massachusetts courts prohibit the expert from directly or implicitly linking observations of the child to behaviors or syndromes associated with sexual abuse.
(33) Both the complaining witness
and the court, however, have an even greater interest in excluding confusing, misleading, and prejudicial evidence.
First, the Court denied absolute immunity to the prosecutor for attesting to facts as a complaining witness
.(207) Applying the Imbler standard, the Court found that Kalina was not acting as a advocate in initiating or presenting the state's case when she attested to facts supporting probable cause, and thus was not entitled to absolute immunity.(208)
(24) For example, in the author's first general court-martial as lead prosecutor, the complaining witness
in an indecent assault case made the statement that she had never dated or had any type of relationship with the accused.
The Supreme Court stated in Malley that although a police officer's act of seeking an arrest warrant is a vital part of the administration of criminal justice, it is not entitled to immunity because the initiation of process by a complaining witness
is relatively removed from the judicial phase of criminal proceedings.(119) Accordingly, initiating or actively continuing a legal proceeding by conspiring to present perjured testimony is not a function intimately associated with the judicial phase of the legal process.
The complaining witness
reported the alleged sexual abuse to her mother in February and the mother contacted authorities, according to prosecutors.
"The hospital report is based almost exclusively on the word of the complaining witness
, who has been proven, time and again, not to be credible," they said in a statement.
In addition, in some cases complaining witnesses
can now attend grievance referee hearings after testifying and Bar rules explicitly state the complaining witness
has, no right to appeal.
LaFree found that nicely dressed white males were usually acquitted, while African-American defendants were often convicted, especially if the complaining witness