Quote: (08-19-2018 11:43 PM)CleanSlate Wrote:
Another question.
Man goes on a date with a girl (or meets her at a nightclub or whatever), they hit it off, and go home together. Both are a little drunk.
They have sex. The man, worried about false rape accusations, secretly records the encounter without her prior consent -- both video and audio -- despite this being against the law.
Sometime later, maybe a week or so, the girl falsely accuses the man of raping her.
The man, freaked out of course, calls you and spills the beans on what happened. He puts you on retainer and he gives you video and audio evidence.
The girl hires a prosecutor, who is determined to take this all the way to a criminal trial.
Would you be confident that you can win a case like this, despite him illegally recording the encounter?
In my state, it is not against the law to record a conversation or meeting to which you're a party, so I'm not sure how it works when you need the other person's consent. Regardless, though, I would think in this case that you could still use the recording because it is critical to the man's defense. It rebuts the woman's false accusation and shows she is a liar. I just don't see how that could be inadmissible or get the guy in trouble. So I'd feel pretty confident about winning.