Summary
The Michigan Supreme Court remanded the case for an evidentiary hearing concerning the defense's proposed evidence that the defendant's stepbrother had previously made a false accusation of sexual abuse. The court held that such evidence did not constitute the victim's sexual conduct under Michigan's rape-shield statute, but required the trial court to determine whether there was a good-faith basis for the evidence and whether it was offered for credibility purposes under MRE 608(b) or a proper purpose under MRE 404(b).
Topics
Practice areas
Questions Presented
- Whether evidence of an alleged prior false accusation of sexual abuse constitutes evidence of the victim's sexual conduct subject to Michigan's rape-shield statute, MCL 750.520j.
- What preliminary determinations the circuit court must make before admitting evidence of the alleged prior false accusation.
- Whether the evidence may be introduced through extrinsic evidence when offered for credibility purposes or for a proper purpose under MRE 404(b).
Holdings
- Evidence of a prior false allegation of sexual abuse does not constitute evidence of the victim's sexual conduct; therefore, MCL 750.520j does not apply and the Court of Appeals erred in requiring compliance with that statute's procedural requirements.
- Before admitting evidence of an alleged prior false accusation, the circuit court must determine whether defense counsel has a good-faith basis to present the evidence and, if so, whether it is offered for credibility purposes or for a proper purpose under MRE 404(b).
- If admitted for credibility purposes, the evidence must be handled consistently with MRE 608(b), which permits inquiry into specific conduct on cross-examination but does not permit proof by extrinsic evidence. If admitted for a proper purpose under MRE 404(b), relevant extrinsic evidence may be used.
Key quotations
“Because the evidence in this case of a prior false allegation of sexual abuse does not constitute evidence of the victim's "sexual conduct," the rape-shield statute, MCL 750.520j, does not apply, and the Court of Appeals erred in concluding that defendant was required to follow the procedural requirements of this statute.” (717 N.W.2d 871)
“Evidence that is admitted for credibility must be admitted in a manner that is consistent with MRE 608(b), which permits this type of specific conduct to be "inquired into on cross-examination of the witness" but does not permit the specific conduct to be "proved by extrinsic evidence."” (717 N.W.2d 871)
Factual background
The defendant sought to present evidence that his stepbrother had previously made a false accusation of sexual abuse. The proposed evidence concerned the credibility of the alleged victim or a potentially proper purpose under Michigan Rule of Evidence 404(b). The Supreme Court determined that the alleged prior false accusation did not constitute the victim's sexual conduct, but required the circuit court to assess the evidentiary foundation and purpose before admission.
Procedural history
The Court of Appeals concluded that the defendant was required to comply with the procedural requirements of Michigan's rape-shield statute before presenting evidence concerning his stepbrother's alleged prior false accusation of sexual abuse. The Michigan Supreme Court granted leave to appeal, held the case in abeyance pending Davis v. Washington and Hammon v. Indiana, and then remanded for an evidentiary hearing concerning the admissibility and purpose of the proposed evidence.
Remand instructions
The Oakland Circuit Court must conduct an evidentiary hearing to determine whether defense counsel has a good-faith basis to present evidence concerning the defendant's stepbrother's alleged prior false accusation and, if so, whether the evidence is offered for credibility purposes or for a proper purpose under MRE 404(b). The court must apply MRE 608(b) if the evidence is offered for credibility and may permit relevant extrinsic evidence if it is offered for a proper purpose under MRE 404(b). The circuit court must submit the hearing transcript and its findings to the Clerk of the Michigan Supreme Court within 35 days. The Supreme Court retained jurisdiction.