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Prior False Accusation Evidence and the Confrontation Clause
Peter Tillers, Prior False Accusation Evidence and the Confrontation Clause, 12 February 2009, draws attention to an excellent law review piece potentially relevant to a frequent number of military sexual assault cases.
Jules Epstein, True Lies: The Constitutional and Evidentiary Bases for Admitting Prior False Accusation Evidence in Sexual Assault Prosecutions, 24 QUINNIPIAC L. REV. 609 (2006).
Tillers argues:
[This] article suggests that the historic roots of the Confrontation Clause guarantee the right to impeach a testifying witness with proof of ‘corruption,’ a category that includes the making of false accusations.
And typically, isn’t that the reason the defense wants to cross-examine on prior false complaints.





