complaining witness


Also found in: Acronyms.
See: victim
References in classic literature ?
"You might have thrashed me and let it go at that," said the condemned man to the complaining witness; "that is what you used to do at school, when you were plain Will Dudley and I was as good as you.
If the trial judge concludes that, more likely than not, the complaining witness made a knowingly false accusation of sexual assault on another occasion, then the defendant will be permitted to present this evidence to the jury.
Common Issues with the Complaining Witness in Rehearings in Full
concerns, such as undue prejudice to the complaining witness. (16)
(45) It is important that the jury understand that the child's potentially inconsistent behaviors during and after the abuse should not undermine the child's credibility as a complaining witness. (46)
(23) The Ballard court explained that the rationale supporting psychiatric examinations for sex crime complainants is the possibility that a conviction may be sustained on the uncorroborated testimony of the victim: "This concern is stimulated by the possibility that a believable complaining witness, who suffers from an emotional condition inducing her belief that she has been subjected to a sexual offense, may charge some male with that offense." (24) Citing "prominent psychiatrists," the court noted that these accusers may be confused by "a mental condition that transforms into fantasy a wishful biological urge." (25) California evidence rules did not permit psychiatric testimony for the purposes of impeaching a witness in non-sex crime cases.
Summary: New policy, codifying procedures and policies regarding the review of closed inquiries and disciplinary files when further action is requested by a complaining witness or other individual.
The policeman in Malley sought absolute immunity by arguing that he functioned as a complaining witness and alternatively, that he functioned similarly to a prosecutor.(120) The Supreme Court rejected both of the officer's arguments.
She also testified that, because of the assault, she had been in therapy for several months, experienced nightmares related to the event, and contemplated suicide.<br />Before trial, Maldini filed a notice of intent to present evidence of prior sexual conduct of the complaining witness, specifically that M.L.
According to court documents, the district attorney, after a discussion of the charges with the complaining witness, determined further prosecution was not in the interest of justice.
"After an extensive investigation, it is clear that proof of two critical elements - force and lack of consent, would rest solely on the testimony of the complaining witness at trial," prosecutors wrote in their recommendation.
Prosecuting attorney John Temple told the court: "What started out as a consensual encounter between the defendant's friend and the complaining witness ended with the defendant raping her."