People v. DerMartzex

In People v. DerMartzex, 390 Mich 410, 414-415; 213 NW2d 97 (1973), the Supreme Court of Michigan held that a sexual assault victim properly testified regarding the defendant's prior, uncharged sexual assaults against her, because "limiting her testimony to the specific act charged and not allowing her to mention acts leading up to the assault would seriously undermine her credibility in the eyes of the jury. Common experience indicates that sexual intercourse and attempts thereat are most frequently the culmination of prior acts of sexual intimacy." Id. The Supreme Court held that evidence of other sexual acts between a defendant and his victim may be admissible if the defendant and victim live in the same household and if, without such evidence, the victim's testimony would seem incredible. DerMartzex, supra at 415. Limiting the victim's testimony in this case and not allowing her to testify about the previous assault could seriously undermine her credibility. Id.