Gore v. Curtis

Trespass. Evidence. Beputation. Specific acts. In trespass for assault upon and for soliciting the plaintiff, a married woman,, to commit adultery with the defendant, specific acts of unchastity by her with other men prior to the alleged assault can not he shown in defense.

On exceptions. This was an action for indecent assault and battery upon the plaintiff, a married woman. The defendant offered testimony to prove specific acts of nnchastity on the part of the plaintiff with other men than the defendant prior to the alleged assault. The presiding justice ruled that such evidence was inadmissible, but allowed the defendant to submit evidence of the plaintiff’s general reputation for chastity. To this ruling the defendant excepted. Verdict for plaintiff for $112.00. Counsel contended the defendant should have been permitted to show plaintiff’s actual character, first, as bearing upon the question of damages, and second, as bearing upon the force which is alleged by the declaration to have been used. Rule sought to be declared applies peculiarly to assaults of this character; and courts have recognized the force of its reason. 1 Whart. Ev., § 51; Abbott’s Trial Ev., pp. 65.1, 682; Waterman 'Tresp., § 271; People v. Abbott, 19 Wend. 192. The objection of raising collateral issues, by admitting specific acts, may be answered by the fact that plaintiff, if innocent, can disprove the few instances which could be adduced in testimony more readily by her own evidence than by rebutting her general reputation for unchastity, and on which question she can not testify. Counsel also cited: Treat v. Browning, 4 Day, 408; State v. Johnson, 28 Vt. 512; State v. Reed, 39 Id. 417; Watry v. Berber, 18 Wis. 500 (S. C. Am. Dec. 789); citing People v. Benson> 6 •Cal. 221; 2 Greenl. Ev., § 556; State v. Murray, 63 N. C. 31. Counsel cited: Peterson v. Morgan, 116 Mass. 350, 352; Qom. ■v. Kendall, 113 Mass. 210; Greenl. Ev., vol. 1, § 55, and cases .cited; Abbott’s Trial Ev. 672, 674; Phillips Ev., vol. 1, p. 176, .2d ed., Id. vol. 2, 339 note.