So the New Jersey supreme court ruled a couple of days ago that a defendant who was jailed for sexual assault can now bring up the sexual history between him and his accuser in a new trial. Now, please correct me if I am wrong, but wouldn’t this new ruling make it easier for a rapist to not be convicted of the crime in the future as this would now set a precedent?
Here’s an example that popped into my head.
Suppose Joe Schmoe has been hooking up with Jane Schmane for the past 3 or 4 months. They have been having sex regularly and it just so happens that today he’s in the mood for it and she’s not. She says no, he continues and proceeds to sexually assault her. Now comes court time and Joe is now allowed to bring up the fact that he’s been with her every which way but Sunday for about four months, so he did not rape her. Wouldn’t this then paint her in the wrong way causing the jury to acquit Joe of the accusation?