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Volume 5/Issue 3 - THE EXCHANGE - July 2022

Volume/Issue Published:

Domestic Violence Order

An alleged victim appealed the entry of a domestic violence order against him and also appealed the order dismissing his petition for a domestic violence order. The circuit court did not err in finding, by a preponderance of the evidence, that the petitioner did not allege facts sufficient to justify a DVO under KRS 403.740. Affirmed.


Domestic Violence Order Reissuance

On appeal from the entry of a DVO, the appellant argued that his alleged bad acts did not rise to the level of domestic violence as defined by Kentucky Revised Statutes KRS 403.720(1); that there was no evidence that domestic violence and abuse may occur again; and that the circuit court’s findings were not supported by substantial evidence. He also argued that the circuit court violated his constitutional rights by failing to explain to him the seriousness of a DVO, and by not giving him the opportunity to seek counsel. Affirmed.


Criminal Law; Sex Offenses; Attempt Crimes; Post-Incarceration Supervision

Issues include whether a defendant who is convicted of an attempted sex crime is required to complete post-incarceration supervision where the provisions of the supervision statute make no mention of attempt crimes, but the provisions of another sex offender statute—SORA—expressly include attempt crimes. Affirmed in part. Reversed in part. Remanded.


Robbery; Burglary; Sexual Assault

For roughly six weeks, students at the University of Louisville reported a series of robberies, burglaries, and a sexual assault for which the appellant was ultimately charged and convicted. Prior to trial, the appellant moved the court to sever the first-degree rape, first-degree robbery, and firstdegree burglary charges, which all involved the same victim, from the remainder of the charges. When weighed against the remaining charges, the trial court correctly found the single incident of rape and assault insufficient to require severance under RCr 8.31. Affirmed.


Mock Jurors’ Perceptions of Child Sexual Abuse Cases: Investigating the Role of Delayed Disclosure and Relationship to the Perpetrator

Across the world, cases of child sexual abuse (CSA) have been seen involving delayed disclosure on the part of child victims. Delayed disclosures may come months, years, or even decades after the original abuse was alleged to have occurred and can significantly influence the opinion of a jury on the victim’s credibility and the veracity of complaints. The goal of the current research study was to examine the effects of the length of time it took for a victim to disclose the abuse and the relationship between the victim and offender on the decisions of jurors.
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