Legal Question in Criminal Law in Florida

sexual consent

what does ''motion in limine'' mean?

What is the explanation?


Asked on 6/06/09, 8:56 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: sexual consent

It's a motion made before trial which affects the evidence (or testimony, which we also call "evidence") that may come up during trial. It's usually made so that the jury doesn't hear the evidence, then the judge has to make a ruling after the question has already been heard by the jury. The idea is that, if someone even asked the question and the jury heard it, it would hurt the other side, so it ought to be dealt with before a jury is even brought in.

Since the title of your post is "sexual consent," I assume the prosecution is making a motion in limine to exclude the defense from asking if the underage victim consented to the sex. Since consent is irrelevant where an underage victim is concerned, the prosecution doesn't want the defense even asking the question because the jury may become intrigued about an issue that doesn't matter.

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Answered on 6/06/09, 11:36 am


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