Can sexual orientation be used as evidence against someone in deposition or in trial?

[legalprospect41]

for instance ill provide two examples can a. One a plaintiff's attorney state homosexuality as a motive example (he raped woman to cover up sexual orientation to peers) if this can be used as motive can said plaintiff's attorney than use sexual history with same sex relationships or witness describing the character trait of sexual orientation as motive and evidence against said defendant.

conversely can a plaintiff "alleged victim" of a sex crime's sexual orientation be used against them in a civil or even criminal manner in any way

 

[mightymoose]

A motive is not evidence, it is a theory.
A persons sexual orientation is not any kind of evidence either.
Perhaps you could make your question clearer, but it appears the answer to what you have asked is most likely "no".

 

[legalprospect41]

A motive is not evidence, it is a theory.
A persons sexual orientation is not any kind of evidence either.
Perhaps you could make your question clearer, but it appears the answer to what you have asked is most likely "no".

well motive would be to conceal ones homosexuality and evidence would be said acts of homosexuality

 

[army judge]

The court would not allow a discussion of sexual orientation, unless its probative and relevant. From what you describe, I see neither relevance or probative value in discussing alleged sexual orientation. Why? How could it be proven? There's no way to test for sexual orientation. The law, criminal law insofar as a rape allegation, takes no notice of same.


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[legalprospect41]

The court would not allow a discussion of sexual orientation, unless its probative and relevant. From what you describe, I see neither relevance or probative value in discussing alleged sexual orientation. Why? How could it be proven? There's no way to test for sexual orientation. The law, criminal law insofar as a rape allegation, takes no notice of same.


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I agree but I read an article a while ago in which a college athlete was under a lawsuit in which the plaintiff's attorney in deposition claimed the woman was sexually abused by him at a party with all his peers around and his motive was to conceal his homosexuality from his peers, because they perceived him to be gay? that's the best I could get from the article It blew my mind