Sentencing of Nelson Clifford Reinvigorates Argument for Passage of Sexual Character Evidence Rules

Back in February, I posted an entry about the prosecution of Nelson Clifford and how Baltimore City State’s Attorney used the case as support for her argument that Maryland should adopt state counterparts to Federal Rules of Evidence 413–415. These Federal Rules are contrary to the general prohibition on the admission of propensity character evidence in that they allow for the introduction of prior acts of sexual assault and child molestation in cases involving similar allegations.

Yesterday, Clifford was finally sentencing to 31.5 years incarceration after avoiding convictions in four prior sexual assault cases. In each of those cases, Clifford claimed that the sexual acts were consensual. These and similar exonerations are why Mosby has again claimed that Maryland needs to pass versions of Rules 413–415.

Here’s a link to Mosby speaking about the Clifford case, and here are some of her comments:

“Today’s sentencing was achieved in the face of seemingly impossible odds. We need legislation to change our criminal justice system. We cannot afford to try a serial three, four or five times ever again. Too many lives are at stake.”

If Maryland were to pass versions of Rules 413–415, evidence of prior sexual acts could be admissible, even if they didn’t lead to convictions. For instance, when Clifford was charged a second time, the alleged victim from his first case likely could have testified, even though Clifford was found “not guilty” of that crime.

Some claim that such a rule is necessary to bolster the credibility of people who claim that they were the victims of sexual assault. Others, however, claim that such rules stack the deck to much and take away the presumption of innocence. So far, only about 11 states have passed counterparts to some or all of Rules 413–415.

It will be interesting to see how this new effort in Maryland is presented and received.

-CM