re: Allegedly, Madison Brooks had sex the day before incident that caused that caused injuries

quote:

---

Isn't the issue here the fact she couldn't consent because of the here drunkenness and not the physical injury of the sex?

Seems like a dirty defense lawyer dragging a dead victim through the mud.

---

More like the state would introduce that evidence at trial to better prove the act and/or prejudice the jury against the defendant (if the jury were uncertain whether consent was given but saw traumatic physical marks then they may say screw it I feel bad so therefor guilty regardless of actual guilt), and likely to use during any eventual sentencing by the judge as an aggravating circumstance. Defendant I believe is saying such evidence took place elsewhere and so should be excluded from the proceedings, which is fair if true.