Corroboration.

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The testimony of a victim need not be corroborated in prosecutions under Sections 2 through 5 [30-9-11 to 30-9-14 NMSA 1978] of this act and such testimony shall be entitled to the same weight as the testimony of victims of other crimes under the Criminal Code.

History: 1953 Comp., § 40A-9-25, enacted by Laws 1975, ch. 109, § 6.

ANNOTATIONS

Compiler's notes. — For case law requiring corroboration prior to enactment of this section, see notes under 30-9-11 NMSA 1978.

Weight of evidence. — In prosecutions for criminal sexual penetration, the testimony of the victim need not be corroborated and lack of corroboration has no bearing on weight to be given to the testimony. State v. Nichols, 2006-NMCA-017, 139 N.M. 72, 128 P.3d 500; State v. Hunter, 1984-NMSC-017, 101 N.M. 5, 677 P.2d 618, cert. denied, 469 U.S. 838, 105 S. Ct. 137, 83 L. Ed. 2d 77 (1984).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Rape §§ 94 to 99; 70A Am. Jur. 2d Sodomy §§ 70 to 76.

Modern status of admissibility, in forcible rape prosecution, of complainant's general reputation for unchastity, 95 A.L.R.3d 1181.

Modern status of rule regarding necessity for corroboration of victim's testimony in prosecution for sexual offense, 31 A.L.R.4th 120.

75 C.J.S. Rape § 78.


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