State v. Jacques, 558 A.2d 706 (Me. 1989). · Go Syfert
State v. Jacques, 558 A.2d 706 (Me. 1989). Cases Citing This Book View Copy Cite
“we reject, as providing insufficient protection to victims, the defendant's proposed interpretation of 'sexual behavior' to apply only to a victim's 'volitional sexual behavior.”
65 citation events (32 in the last 25 years) across 18 distinct courts.
Strongest positive: People v. Parks (mich, 2009-06-05)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 26 distinct citers.
examined Cited as authority (quoted) People v. Parks (2×)
Mich. · 2009 · quote attribution · 2 verbatim quotes · confidence low
we reject, as providing insufficient protection to victims, the defendant's proposed interpretation of 'sexual behavior' to apply only to a victim's 'volitional sexual behavior.
discussed Cited as authority (rule) Massey v. State
Del. · 2025 · confidence medium
Like our statute, most state rape shield statutes are silent about whether prior false allegations of sexual assault can be used at trial to attack a witness’s credibility.81 The answer has been left to the courts, who have taken different approaches to the burden of proof and admissibility standards.82 79 Id. at *3. 80 Id. at *3 (first citing State v. Oliveira, 576 A.2d 111, 113 (R.I. 1990); and then citing State v. Jacques, 558 A.2d 706, 708 (Me. 1989)) (“The precise issue is not before us since the record is not complete with respect to the five excluded allegations . . . .”). 81 See …
discussed Cited as authority (rule) Westley v. State
Md. Ct. Spec. App. · 2021 · confidence medium
A defendant therefore must be permitted to rebut the inference a jury might otherwise draw that the victim was so naive sexually that she could not have fabricated the charge.” 558 A.2d 706, 708 (Me. 1989); see also State v. Carver, 678 P.2d 842, 843-44 (Wash. Ct. App. 1984) (holding that defendant should have been permitted to introduce evidence of prior 13 Although the court did not identify the victim’s allegations concerning the defendant in that case, it did quote in detail the allegations concerning her prior sexual conduct that the defendant wanted to introduce, which included alleg…
discussed Cited as authority (rule) Standring v. United States
D. Me. · 2010 · confidence medium
The ease discussed during the trial and in Standring’s appellant brief is State v. Jacques, in which the Law Court acknowledged: “Although the wording of M.R.Evid. 412 is not as clear as it might be, the Advisory Committee Note is explicit that evidence constitutionally required to be admitted’ overrides the exclusion in the text of Rule 412.” 558 A.2d 706, 708 (Me.1989) (citing, with respect to United States Supreme Court law, Davis v. Alaska, 415 U.S. 308 , 94 S.Ct. 1105 , 39 L.Ed.2d 347 (1974) for the proposition that a “state’s interest in protecting juvenile offender does not …
examined Cited as authority (rule) State v. Molen (4×)
Idaho Ct. App. · 2010 · confidence medium
State v. Jacques, 558 A.2d 706, 708 (Me.1989).
discussed Cited as authority (rule) State v. Manning
R.I. · 2009 · confidence medium
Oliveira, 576 A.2d at 113 -14 (quoting State v. Jacques, 558 A.2d 706, 708 (Me.1989) (criminal defendants “must be permitted to rebut the inference a jury might otherwise draw that the victim was so naive sexually that she could not have fabricated the charge”)).
discussed Cited as authority (rule) Ronald K. Polaski v. Commonwealth
Va. Ct. App. · 2009 · confidence medium
Jacques mentions that “evidence of prior sexual abuse might be admissible if offered for the purpose of challenging the jury’s assumption of children’s innocence; subject to the limitations of relevance under Rule 403.” Jacques, 558 A.2d at 708 (emphasis added).
discussed Cited as authority (rule) State v. Drewry (2×)
Me. · 2008 · confidence medium
Evid. 412.” State v. Jacques, 558 A.2d 706, 707 (Me.1989).
discussed Cited as authority (rule) State v. Robinson (2×) also: Cited "see"
Me. · 2002 · confidence medium
This interest, however, “ ‘is neither absolute nor paramount,’ ” id. (quoting State v. Jacques, 558 A.2d 706, 707 (Me.1989)), and it must yield when it conflicts with a defendant’s constitutional rights.
discussed Cited as authority (rule) State v. Grovenstein
S.C. Ct. App. · 2000 · confidence medium
Veilleux, Annotation, Admissibility of Evidence That Juvenile Prosecuting Witness in Sex Offense Case Had Prior Sexual Experience For Purposes of Showing Alternative Source of Child’s Ability to Describe Sex Acts, 83 A.L.R.4th 685 (1991 & Supp.1999) (analyzing cases which have discussed or decided whether, and under what circumstances, evidence of prior sexual experience involving a juvenile prosecuting -witness and a party other than the defendant is admissible in a criminal sexual offense trial for the purpose of establishing that the child’s sexual knowledge and resulting ability to des…
discussed Cited as authority (rule) Grant v. Demskie
S.D.N.Y. · 1999 · confidence medium
See, e.g., State v. Oliver, 158 Ariz. 22 , 760 P.2d 1071, 1077-78 (1988) (en banc); People v. Hill, 289 Ill.App.3d 859 , 225 Ill.Dec. 244 , 683 N.E.2d 188 , 192 , appeal denied, 175 Ill.2d 540 , 228 Ill.Dec. 722 , 689 N.E.2d 1143 (1997); State v. Jones, 490 N.W.2d 787, 791 (Iowa 1992) (“Given the age [13] of the victim at the time she testified, the education and counseling she had received in the interim between the abuse and the trial, and the rather inexplicit nature of the testimony, ... we find it unlikely that a jury would infer that the victim could only describe the act because [defe…
discussed Cited as authority (rule) State v. Huntley (2×) also: Cited "see"
Me. · 1996 · confidence medium
State v. Jacques, 558 A.2d 706, 708 (Me.1989) (citing Davis v. Alaska, 415 U.S. 308 , 94 S.Ct. 1105 , 39 L.Ed.2d 347 (1974) (holding that state’s interest in protecting anonymity of juvenile offenders could not bar defendant from eliciting on cross-examination that key prosecution witness was on juvenile probation for burglary both at time he identified defendant and at time of trial)).
discussed Cited as authority (rule) State v. Haslam
R.I. · 1995 · confidence medium
A defendant therefore must be permitted to rebut the inference a jury might otherwise draw that the victim was so naive sexually that she could not have fabricated the charge.” Id. at 114 (quoting State v. Jacques, 558 A.2d 706, 708 (Me.1989)).
discussed Cited as authority (rule) State v. Jones
Iowa · 1992 · confidence medium
See, e.g., United States v. Nez, 661 F.2d 1203 (10th Cir.1981); State v. Oliver, 158 Ariz. 22 , 760 P.2d 1071 (1988); State v. Jacques, 558 A.2d 706, 707 (Me.1989); People v. Arenda, 416 Mich. 1, 2-3 , 330 N.W.2d 814, 815 (1982); State v. Padilla, 110 Wis.2d 414, 426-28 , 329 N.W.2d 263, 270 (1982).
discussed Cited as authority (rule) State v. Budis (2×)
N.J. · 1991 · confidence medium
See, e.g., State v. Oliver, 158 Ariz. 22, 28 , 760 P. 2d 1071, 1077 (1988) (evidence of prior sexual abuse relevant to show ability to fabricate); State v. Jacques, 558 A. 2d 706, 708 (Me. 1989) (prior sexual abuse of victim admissible to rebut the inference of child's inability to describe accurately acts of sexual intercourse); Ruffen, supra, 399 Mass. at 815 , 507 N.E. 2d at 687 (prior sexual abuse of ten-year-old relevant to show child's personal knowledge of sexual acts and terminology); Summit v. State, 101 Nev. 159, 163-64 , 697 P. 2d 1374, 1377 (1985) (evidence of prior sexual abuse re…
discussed Cited as authority (rule) United States v. Carl S. Begay
10th Cir. · 1991 · confidence medium
See United States v. Valenzuela-Bernal, 458 U.S. 858, 867 , 102 S.Ct. 3440, 3446 , 73 L.Ed.2d 1193 (1982) (to establish 6th Amendment violation, defendant must show that he was precluded from offering evidence ‘material and favorable to his defense.’) (footnote omitted); Washington v. Texas, 388 U.S. 14, 16 , 87 S.Ct. 1920, 1921-22 , 18 L.Ed.2d 1019 (1967) (6th Amendment violation occurs when defendant is arbitrarily deprived of ‘testimony ... relevant and material, ... and vital to the defense.’); _ 10 See, e.g., State v. Calbero, 71 Haw. 115 , 785 P.2d 157, 161-62 (1989); State v. Ja…
discussed Cited as authority (rule) State v. Dean (2×)
Me. · 1991 · confidence medium
We discern no abuse of discretion here. [6] Similarly, although the admission of evidence of prior sexual abuse of one of the victims by someone other than the defendant would have been within the court's discretion, see State v. Jacques, 558 A.2d 706, 708 (Me.1989) (at trial defendant may be entitled to introduce evidence of past sexual abuse of young child who is alleged victim to rebut natural assumption by jury that child is sexually naive and that only defendant's actions could be responsible for child's knowledge of sexual matters), its exclusion in this case was not an abuse of the cour…
discussed Cited as authority (rule) State v. Budis
N.J. Super. Ct. App. Div. · 1990 · confidence medium
Commonwealth v. Ruffen, 399 Mass. 822 , 507 N.E. 2d 684 (1987); State v. Peterson, 35 Wash. App. 481 , 667 P. 2d 645 (1983); State v. Carver, 37 Wash. App. 122 , 678 P. 2d 842 (1984); State v. Baker, 127 N.H. 802 , 508 A. 2d 1059 (1986). [ Jacques, 558 A. 2d 706, 708 (Me. 1989).] The most recent decision on point is State v. Pulizzano, 456 N.W. 2d 325 , decided by the Wisconsin Supreme Court on June 12, 1990.
discussed Cited "see" People of Michigan v. Carl Thomas Masi
Mich. · 2025 · signal: see · confidence high
See State v Jacques, 558 A2d 706, 708 (Me, 1989) (explaining that, in these circumstances, a defendant may probe a minor’s sexual knowledge “for the limited purposes of rebutting the jury’s natural assumption concerning a child’s sexual innocence and of protecting the defendant’s rights”).
discussed Cited "see" State of Iowa v. Lawrence Eugene Walker
Iowa · 2019 · signal: see · confidence high
See State v. Jacques, 558 A.2d 706, 708 (Me. 1989) (“Where the victim is a child, as in this case, the lack of sexual experience is automatically in the case without specific action by the prosecutor.
discussed Cited "see" State v. Payton (2×) also: Cited "see, e.g."
N.M. Ct. App. · 2007 · signal: see · confidence high
See State v. Jacques, 558 A.2d 706, 708 (Me.1989) (“Where the victim is a child, ... the lack of sexual experience is automatically in the case without specific action by the prosecutor.”).
examined Cited "see" State v. Warren (5×) also: Cited "see, e.g."
Me. · 1998 · signal: see · confidence high
See Jacques, 558 A.2d at 707 .
cited Cited "see" State v. Gilman
Me. · 1994 · signal: see · confidence high
See State v. Jacques, 558 A.2d 706, 708 (Me.1989).
discussed Cited "see, e.g." People v. Osorio-Bahena
Colo. Ct. App. · 2013 · signal: see also · confidence medium
See Pierson, 279P.3d at 1221; see also State v. Jacques, 558 A.2d 706, 708 (Me.1989) ("Where the victim is a child, as in this case, the lack of sexual experience is automatically in the case without specific action by the prosecutor."); State v. Payton, 142 N.M. 385 , 165 P.3d 1161, 1165 (Ct.App.2007) ("the inference of guilt does not depend on whether the prosecutor expressly raises it"); but see Samuels, 88 S.W.3d at 82 (noting relevance of evidence because prosecutor placed this inference of guilt in issue). ¶ 38 Nevertheless, in this case, the prosecution specifically raised the inferenc…
discussed Cited "see, e.g." State v. Lynch (2×)
R.I. · 2004 · signal: see, e.g. · confidence medium
See, e.g., State v. Jacques, 558 A.2d 706, 708 (Me.1989).
cited Cited "see, e.g." State v. Boyle
Me. · 1989 · signal: see also · confidence low
State v. Day, 538 A.2d at 1167, 1168 ; State v. Gagne, 554 A.2d 795, 796 (Me.1989); see also State v. Jacques, 558 A.2d 706 (Me.1989).
STATE of Maine
v.
Gerald JACQUES
Supreme Judicial Court of Maine.
May 26, 1989.
558 A.2d 706
David W. Crook, Dist. Atty., Pamela J. Ames, Alan P. Kelley (orally), Asst. Dist. Attys., Augusta, for the State., Peter Bickerman (orally), Lipman & Katz, Augusta, for defendant.
McKusick, Roberts, Wathen, Clifford, Hornby, Collins.
Cited by 41 opinions  |  Published
3 passages pin-cited by 2 cases
Pinpoint authority: bottom 88%
Citer courts: Michigan Supreme Court (2) · Maine Superior (1)
ROBERTS, Justice.

Gerald Jacques was convicted after a jury trial in Superior Court (Kennebec County, Alexander, J.) of two charges of gross sexual misconduct against two children. 17-A M.R.S.A. § 253 (Supp.1988). Before trial, the State brought a motion in limine asking the court to exclude any evidence of each child victim’s past sexual behavior. [1] The State had furnished to the defense evidence that both victims were subjected to sexual abuse by persons other than Jacques. The court ruled that such prior sexual activity would not be admissible regardless of the potential relevance of that evidence. At trial the victims, a girl aged 5 and a boy aged 10, testified that Jacques had sexually abused them. Although it is undisputed that both children had been sexually abused by others, the trial court prevented cross-examination of the victims concerning other sources of sexual abuse. Jacques challenges that ruling on appeal. We vacate the convictions.

The past sexual behavior of a victim is generally not admissible under M.R.Evid. 412. The purpose of the Rule is to prevent a trial from becoming a trial of the victim, rather than the accused. Field & Murray, Maine Evidence § 412.1, at 140 (2d ed. 1987). The limitation protects the State’s strong and legitimate interest in preventing the victims of sex offenses from being further victimized at trial. Id.

Evidence of sexual abuse by others would fall within the scope of the Rule and, if the only consideration were to prevent testimony about past sexual behavior or abuse, the court’s ruling would be correct. [2] However, the State’s legitimate interest in protecting victims of sexual abuse is neither absolute nor paramount. See, [*708] M.R.Evid. 412 advisory committee’s note to 1983 amend., Me.Rptr., 449-458 A.2d LXX, LXXI, Field & Murray § 412, at 138 (all evidence of sexual behavior offered for any purpose not necessarily inadmissible, examination as to prior sexual behavior is admissible to impeach or for “some other proper purpose” (emphasis added)). The State’s interest must be weighed against the defendant’s constitutional right of effective cross-examination and to present a proper defense.

Although the wording of M.R.Evid. 412 is not as clear as it might be, the Advisory Committee Note is explicit that “evidence constitutionally required to be admitted” overrides the exclusion in the text of Rule 412. Me.Rptr., 449-458 A.2d LXX; cf., Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974) (state’s interest in protecting juvenile offender does not take precedence over defendant’s right to effectively cross-examine.) The advisory committee note gives as an example the instance where the prosecution “open[s] the door” “by offering evidence of the victim’s lack of sexual experience or chastity on direct.” Field & Murray § 412, at 139.

Where the victim is a child, as in this case, the lack of sexual experience is automatically in the case without specific action by the prosecutor. A defendant therefore must be permitted to rebut the inference a jury might otherwise draw that the victim was so naive sexually that she could not have fabricated the charge. A number of jurisdictions with similar rules permit the admission of evidence of prior sexual activity for the limited purposes of rebutting the jury’s natural assumption concerning a child’s sexual innocence and of protecting the defendant’s rights. [3] In a case decided prior to the adoption of M.R. Evid. 412, we relied on just such an analysis to vacate a conviction where evidence of prior sexual activity had been excluded. State v. Davis, 406 A.2d 900 (Me.1979). Additionally, in State v. Albert, 495 A.2d 1242 (Me.1985) we implied that, notwithstanding Rule 412, evidence of prior sexual abuse might be admissible if offered for the purpose of challenging the jury’s assumption of children’s innocence, subject to limitations of relevance under Rule 403. Id. at 1244. See Field & Murray § 412.2, at 142 & n. 3.

Jacques offered the evidence of other abuse for two purposes. He wished to show the circumstances in which he was first accused by the victims and, recognizing the jury’s natural assumption that children are innocent of sexual matters, to rebut the inference that he was responsible for their unusual sexual knowledge. The court prevented the defense from exploring that source of the victims’ sexual knowledge by cross-examination concerning other abuse. In addition, Jacques was prevented from exploring the timing and other circumstances of the victims’ complaints against him in relation to complaints against others. See State v. True, 438 A.2d 460, 464 (Me.1981); State v. Walton, 432 A.2d 1275, 1277 (Me.1981).

These rulings curtailed Jacques’s effort to generate doubt as to his participation in abuse of the children. The court might, within its discretion under M.R.Evid. 403 and 611, limit the scope of cross-examination of the victims. State v. Gagne, 554 A.2d 795, 796 (Me.1989); State v. Day, 538 A.2d 1166, 1167-68 (Me.1988); State v. White, 456 A.2d 13, 15 (Me.1983); see also Field & Murray, § 611.1 at 233. The ruling in limine, however, went further than the victims’ testimony. The court refused to allow inquiry into any evidence of other abuse, including the childrens’ earlier statements that others had abused them. That ruling clearly deprived Jacques of his right to present an effective defense.

The entry is:

Judgments vacated.

1

. M.R.Evid. 412 excludes evidence of specific instances of a victim’s past sexual behavior with persons other than the accused, except when offered by the accused on the issue of whether the accused was the source of semen or injury.

2

. We reject, as providing insufficient protection to victims, the defendant’s proposed interpretation of "sexual behavior” to apply only to a victim’s "volitional sexual behavior."

3

. See, e.g., Commonwealth v. Ruffen, 399 Mass. 811, 507 N.E.2d 684 (1987); State v. Peterson, 35 Wash.App. 481, 667 P.2d 645 (1983); State v. Carver, 37 Wash.App. 122, 678 P.2d 842 (1984); State v. Baker, 127 N.H. 801, 508 A.2d 1059 (1986).