Sexual Assault Case Study
Whether the alleged victim's delayed disclosure of the sexual assault affected the credibility of the accusation.
The court affirmed the conviction, finding that delayed disclosure of sexual assault is common and does not inherently undermine the credibility of the accusation. The court held that the jury was entitled to hear expert testimony on delayed disclosure and to weigh the credibility of the alleged victim's account.
Delayed disclosure is a common feature of sexual assault allegations and is frequently used by prosecutors to explain inconsistencies in the alleged victim's account. D.J. Rivera challenges delayed disclosure cases by scrutinizing the circumstances of the delay, the consistency of the account over time, and any motive the alleged victim may have to fabricate the allegation.
This case involves § 18.2-61 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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