Bridging the Gap Between the Rules of Evidence and Justice for Victims of Domestic Violence

The time has come to bridge the gap between following the rules of evidence and serving justice for victims of domestic violence. I propose that the best way to accomplish this goal is to create a specialized evidentiary rule for the admissibility of uncharged offenses of domestic violence in domestic violence prosecutions.4 The proposed evidentiary rule is based on the new Federal Rules of Evidence 413- 414, which accomplish the same for victims of rape and sexual molestation.First, in order to give the reader an understanding of the need for this legislation, I will discuss the difficulties that prosecutors face when they are prosecuting domestic violence cases. Second, I will explain the inadequacy of the current scheme of admissibility for admitting uncharged acts of domestic violence in domestic violence prosecutions. Third, I will review the recent changes in the federal law regarding sexual assault cases. I will address both the proponents\u27 and critics\u27 arguments. Finally, I will propose a similar approach for domestic violence cases. I will offer arguments in favor of such a solution and will also address likely criticisms