Prosecutors could potentially introduce prior sexual assault allegations in rape trials more easily, as endorsed by a state Senate panel on Tuesday morning.
The bills reviewed by the Senate Judiciary Committee aim to amend South Dakota’s rules of evidence, allowing evidence of prior sexual assaults – including unconvicted ones – if a judge deems it relevant for jurors.
Senate Bills 97 and 98, introduced by Sen. Tim Reed, R-Brookings, would permit such evidence in adult and child sexual assault cases, respectively.
This evidence could encompass previous cases charged but not pursued, as well as hearsay accusations from individuals who learned of past sexual assaults not reported to authorities.
Supporters cited federal rules allowing such evidence, arguing for its adoption in South Dakota to strengthen prosecutions.
Pennington County State’s Attorney Lara Roetzel highlighted a case where prior evidence could have made a difference, emphasizing the necessity for judges to consider such “propensity” evidence in rape trials.
Opponents, however, expressed concerns about potentially unfairly influencing jurors and jeopardizing defendants’ rights.
Terra Larson, representing the South Dakota Association of Criminal Defense Attorneys, emphasized the importance of protecting defendants from unverified allegations, a cornerstone of American jurisprudence.
Despite the debate, the committee endorsed SB 97 and SB 98, forwarding them to the Senate floor, while rejecting SB 149, which aimed to introduce similar evidence in civil rape cases.
The committee’s decision raised questions about the interpretation of language in the bills and potential implications for defendants’ rights, underscoring the complexity of the issue.
