State v. Boiter, 396 S.E.2d 364 (S.C. 1990). · Go Syfert
State v. Boiter, 396 S.E.2d 364 (S.C. 1990). Cases Citing This Book View Copy Cite
57 citation events (48 in the last 25 years) across 5 distinct courts.
Strongest positive: State v. Williams (scctapp, 2020-07-01)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Williams (5×) also: Cited as authority (rule), Cited "see"
S.C. Ct. App. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
in deciding admissibility of evidence of a victim's prior accusation, the trial court should first determine whether such accusation was false.
discussed Cited as authority (rule) State v. Gabriel Betancourt, Jr.
S.C. Ct. App. · 2022 · confidence medium
The State argued Minor's allegations of sexual abuse 2 We note neither the circuit court nor the parties had the benefit of the supreme court's Makins opinion at trial and argument before this court. against Father should be redacted under State v. Boiter, 302 S.C. 381, 383 , 396 S.E.2d 364, 365 (1990), in which our supreme recognized "[e]vidence of prior false accusations by a complainant may be probative on the issue of credibility." Boiter requires: [I]n deciding admissibility of evidence of a victim's prior accusation, the trial judge should first determine whether such accusation was fals…
examined Cited as authority (rule) Vanover v. State of SC (3×) also: Cited "see"
S.C. Ct. App. · 2021 · confidence medium
Our supreme court articulated the standards for admitting such evidence in State v. Boiter, 302 S.C. 381 , 383–84, 396 S.E.2d 364, 365 (1990).
examined Cited as authority (rule) State v. Woods (9×) also: Cited "see"
S.C. Ct. App. · 2016 · confidence medium
See id. at 383 , 396 S.E.2d at 365 (stating when deciding the admissibility of evidence of a victim's prior allegation, a trial court must first determine whether the allegation was false); id. at 383-84 , 396 S.E.2d at 365 (finding the three-part test for determining the admissibility of a victim's prior allegation "is consistent with the well-settled rule that admission of proffered testimony is largely discretionary with the trial court, and its rulings will not be disturbed on appeal unless an abuse of discretion is shown"). 4.
discussed Cited as authority (rule) State v. Chisolm
S.C. Ct. App. · 2015 · confidence medium
As to whether the trial court erred in refusing to permit cross-examination about an allegedly unrelated weapon: Rule 608(c), SCRE ("Bias, prejudice or any motive to misrepresent may be shown to impeach the witness either by examination of the witness or by evidence otherwise adduced."); State v. Pradubsri, 403 S.C. 270, 276-77 , 743 S.E.2d 98, 102 (Ct. App. 2013) (noting a criminal defendant may show a violation of the Confrontation Clause by showing that he was prohibited from engaging in otherwise appropriate cross-examination); State v. Boiter, 302 S.C. 381, 383 , 396 S.E.2d 364, 365 (1990…
discussed Cited as authority (rule) State v. Jenkins
S.C. Ct. App. · 2010 · confidence medium
Code Ann. § 16-3-659.1 (1) (2003) ("Evidence of specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual conduct is not admissible in prosecutions . . . ."); State v. Boiter , 302 S.C. 381, 383 , 396 S.E.2d 364, 365 (1990) ("Although the Confrontation Clause 'tips the scales' in favor of permitting cross-examination if it could reasonably be expected to have an effect on the jury, a court may prohibit cross-examination for impeachment purposes when the probative value of the evidence that the defendant s…
discussed Cited as authority (rule) State v. Myers
S.C. Ct. App. · 2005 · confidence medium
We affirm pursuant to Rule 220(b), SCACR and the following authorities: State v. Wise , 359 S.C. 14, 21 , 596 S.E.2d 475, 478 (2004) (holding the admission or exclusion of evidence is a matter addressed to the sound discretion of the trial judge and his ruling will not be disturbed absent a manifest abuse of discretion accompanied by probable prejudice); State v. Wilson , 345 S.C. 1, 5-6 , 545 S.E.2d 827, 829 (2001) (holding in a criminal case the appellate court is bound by the trial court’s preliminary factual findings in determining the admissibility of certain evidence unless the finding…
discussed Cited as authority (rule) State v. Wyrick
Tenn. Crim. App. · 2001 · confidence medium
Hughes v. Raines, 641 F.2d 790, 792-93 (9th Cir.1981) (excluding cross-examination of victim on alleged prior false accusation of rape because it amounted to a general credibility attack on the basis of an unrelated incident and there was no convincing proof that the accusation was false); Ex parte Loyd, 580 So.2d 1374, 1376 (Ala.1991) (holding that defendant could cross-examine victim about admittedly false pri- or charges and threats regarding sexual crimes because they were relevant to whether the defendant committed sodomy or if the victim was continuing a habit of making false accusations…
discussed Cited as authority (rule) State s. Anthony Lynn Wyrick
Tenn. Crim. App. · 2000 · confidence medium
Ct. App. 1986) (holding that the Confrontation Clause requires that a defendant be allowed to cross-examine a victim about prior false accusations of rape despite Oregon’s evidentiary rule prohibiting extrinsic evidence or cross-examination of a witness about specific instances of conduct to attack credibility); State v. Boiter, 396 S.E.2d 364, 365 (S.C. 1990) (holding that a defendant may cross-examine the victim about a prior false accusation of sexual abuse if the trial court determines that the accusation was false, not remote, and similar enough to the current charges to be relevant); S…
cited Cited as authority (rule) State v. Sprouse
S.C. Ct. App. · 1996 · confidence medium
Finally, the trial court shall consider the factual similarity between [the] prior and present allegations to determine relevancy. *279 Id. at 383-84 , 396 S.E.2d at 365 (emphasis added).
Retrieving the full opinion text from the archive…
The STATE, Respondent
v.
James K. BOITER, Appellant
23267.
Supreme Court of South Carolina.
Sep 17, 1990.
396 S.E.2d 364
1990 S.C. LEXIS 179
Asst. Appellate Defenders Joseph L. Savitz, III, and Robert M. Pachak, both of S.C. Office of Appellate Defense, Columbia, for appellant., Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Amie L. Clifford, Columbia, and Sol. Holman C. Gossett, Jr., Spartanburg, for respondent.
Finney, Gregory, Harwell, Chandler, Toal.
Cited by 15 opinions  |  Published
Finney, Associate Justice:

Appellant James K. Boiter was convicted of criminal sexual conduct in the second degree and sentenced to imprisonment for fifteen years, suspended upon service of seven years, followed by five years’ probation. We affirm.

[*383] The sole issue on appeal is whether the trial court committed reversible error by refusing to allow defense counsel to crossexamine the seventeen year old victim, appellant’s stepdaughter, about her prior allegation of sexual abuse by her biological father. The victim testified during an in camera hearing that at age eight, she told her mother and a social worker her natural father had fondled her. No investigation or further inquiry was conducted as the result of her complaint. Appellant excepted to the trial court’s ruling that the accusation was too remote and, consequently, inadmissible. Appellant contends such examination was relevant to fully test the victim’s credibility.

The right to confront witnesses, guaranteed by the sixth and fourteenth amendments, includes the right of cross-examination to attack general credibility or to show possible bias or self-interest in testifying. Davis v. Alaska, 415 U.S. 308, 316, 94 S.Ct. 1105, 1110, 39 L. Ed. (2d) 347 (1974). Although the Confrontation Clause “tips the scales” in favor of permitting cross-examination if it could reasonably be expected to have an effect on the jury, a court may prohibit cross-examination for impeachment purposes when the probative value of the evidence that the defendant seeks to elicit is substantially outweighed by the risk of prejudice. State v. LeCair, 83 Or. App. 121, 730 P. (2d) 609 (Or. App. 1986), review denied, 303 Or. 74, 734 P. (2d) 354 (1987).

Evidence of prior false accusations by a complainant may be probative on the issue of credibility. This Court has not addressed the admissibility of prior allegations by the victim against persons other than the defendant. However, other jurisdictions have held that such evidence is admissible only if the court makes a threshold determination that the prior accusation was false. See Clinebell v. Com., 235 Va. 319, 368 S.E. (2d) 263 (1988); Woods v. State, 657 P. (2d) 180 (Okl.1983), Commonwealth v. Bohannon, 376 Mass. 90, 95, 378 N.E. (2d) 987, 991 (1978). Other Courts have also considered remoteness of the prior accusation. See State v. LeCair, supra.

We hold that in deciding admissibility of evidence of a victim’s prior accusation, the trial judge should first determine whether such accusation was false. If the prior allegation was false, the next consideration becomes remoteness in time. Finally, the trial court shall consider the[*384] factual similarity between prior and present allegations to determine relevancy. This holding is consistent with the well-settled rule that admission of proffered testimony is largely discretionary with the trial court, and its rulings will not be disturbed on appeal unless an abuse of discretion is shown. State v. Sullivan, 277 S.C. 35, 282 S.E. (2d) 838 (1981).

Based upon the record in this case, the previous accusation was not investigated. The defense presented no evidence to establish its falsity. The trial court determined that the bare accusation of an eight year old child made nine years earlier was too remote to be of sufficient probative value. We find no abuse of discretion on the part of the trial judge. The trial court’s ruling is affirmed.

Affirmed.

Gregory, C.J., and Harwell, Chandler and Toal, JJ., concur.