Skip to main content

State v. Jacques

Citations

  • 558 A.2d 706
  • 1989 Me. LEXIS 126

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that evidence of prior sexual abuse of the victims should have been admitted to show knowledge
  • recognizing “defendant’s constitutional right of effective cross-examination and to present a proper defense”
  • explaining that, in these circumstances, a defendant may probe a minor’s sexual knowledge “for the limited purposes of rebutting the jury’s natural assumption concerning a child’s sexual innocence and of protecting the defendant’s rights”
  • prior sexual abuse of victim admissible to rebut the inference of child's inability to describe accurately acts of sexual intercourse
  • “We reject, as providing insufficient protection to victims, the defendant’s proposed interpretation of ‘sexual behavior’ to apply only to a victim’s ‘volitional sexual behavior.’ ”
  • allegations of past sexual abuse by person other than the accused relevant to rebut inference by jury that young child so sexually naive that he could not have fabricated charges of sexual abuse

Source: CourtListener parenthetical corpus (CC0).

Judges: McKusick, Roberts, Wathen, Clifford, Hornby, Collins

Read full opinion on CourtListener

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.