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Victim Changes the Story

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If the victim testifies, but changes the story, e.g., now claims there was no assault or that the defendant was not the assailant,

then the prosecutor may introduce prior statements of the victim that are:

Excited utterances (Rule 11-803(B))

Present sense impressions (Rule 11-803(A))

Statements of identification (Rule 11-801(D)(1)(c)

and the prosecution may also impeach the witness by confronting the witness with either or both of:

Prior inconsistent statements made under oath (Rule 11-801(D)(1)(a))

Other prior inconsistent statements (Rule 11-613(B))



Copyright Institute of Public Law
Judicial Education Center
MSC11 6060
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