Can Strauss-Kahn’s Sexual History Be Used Against Him?

May 26, 2011,
By Noeleen Walder and Toni Clarke,
Reuters
http://www.reuters.com/article/2011/05/26/us-strausskahn-priors-idUSTRE74P5NM20110526

Michael Bachrach, a defense lawyer who represented Al Qaeda conspirator Ahmed Khalfan Ghailani, said that ultimately the judge presiding over Strauss-Kahn’s case will apply a balancing test to decide whether evidence of past acts should be admitted.

“The judge will balance the relevance and usefulness of the evidence to establish the current charges, versus the danger of unfairly confusing the jury into thinking that just because a past allegation had occurred that this means the present charges are true,” Bachrach said.

He said that courts generally are concerned that introducing past allegations will confuse or inflame a jury. But a century-old New York case does give prosecutors a potential avenue for admitting such evidence.

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