20 Sep Iris Eytan Quoted in Law Week Colorado Article, “Decision Clarifies Colorado’s Criminal Rape Shield Statute.”
September 20, 2019
The Court of Appeals made a ruling in a sexual assault case that touches on both the admissibility of expert testimony and Colorado’s criminal rape shield law. The latter typically precludes defenses from using information about an accuser’s sexual history as evidence, but in this case, the Court of Appeals decided the defendant should have gotten a hearing for allowing
evidence about his accuser’s alleged history of making up sexual assault allegations.
Edmund Marx appealed his convictions of sexual assault on a child and aggravated incest. The accuser claimed Marx had sexually assaulted her multiple times when she was a teenager. On appeal, Marx claimed the La Plata County District Court erred when it allowed an expert witness to testify for the prosecution about various statistics of people who make up allegations of sexual assault.