COURT WIN: New Trial for Male Whose Rights Were Violated. Accuser’s Sex History is Relevant When it Targets her Credibility
A former college student accused of sexual assault should have been able to present an account from his accuser about her sexual history at trial, the Pennsylvania Superior Court has ruled. On Sept. 5, a three-judge panel of the appeals court ordered a new trial in the criminal case against ex-Clarion University student Darold Palmore, finding that a Clarion County trial judge erred in not allowing portions of the victim’s testimony into evidence. A three-judge appeals panel said the trial judge misapplied the state’s rape shield law, wrongly hiding information from jurors and violating Mr. Palmore’s rights under the Sixth Amendment’s confrontation clause. “[T]his was not harmless error,” said the opinion by Judge Judith Olson: Jurors weren’t allowed to hear Palmore’s explanation for why “K.H.” might have accused him of sexual assault.
thecollegefix.com By Greg Piper
