Audio evidence admissible? (New York)

[dannyboy81]

Hello All,

I've been looking up on the "Rules of evidence" because I am trying to determine if audio recordings are admissible evidence in rape cases. For instance, say girl A was raped by guy B. If girl A were to later verbally confront guy B while carrying a hidden audio recording device, would it be admissible evidence if the recording captures the rapist confessing (and there are no edits to the recording etc). For instance the girl says something like "why?" and the guy says something like "I raped you because you deserve it" etc. Of course this is a simplified example, but I need to know if such things are admissible evidence.

Any advice you can offer would be greatly appreciated. A very close friend of mine was raped and I am trying to help her figure out viable ways of securing evidence to get the ******* put away. I'll likely have many more questions. Thank you in advance.

[VeronicaLodge]

isnt NY a 2 party state?

[EThiker]

Veronica, you are asking (stating) that 2 both parties have be knowledgable and agreeing to the recording for it to be legal?

I think this question has just given me an idea. I also know an alegation of rape (well actually she say she isn't sure if if she agreed to it or not) and it never occurred. Even though the police are involved. Two fellow girl students are willing to testify that she made comments of wanting to sue a certain male for some child support after she was gone from town. So, anyway, I wonder if he call her long distance to the state where she is now living and get a "confessional statement" from her? I suppose I will have to do a little research on Kentucky law.

[BoredAtty]

It may potentially be admitted if it is authenticated.

Basically, you can't just give the court a recording and say "here is the defendant." You have to have a witness testify that he recognizes the voice on the recording as being that of the defendant.

If I were your friend, I would first speak to the police to see if they'll investigate.

[dannyboy81]

Yes, I am aware of that, I am just trying to get hypothetical information. Basically to clarify; if she has a recording of them talking where he admits to raping her, is it valid if:

1) She knew about the recording (she is the one recording so this one is obvious)
2) He did not know the recording was being made
3) The speakers are able to be identified beyond all doubt (voice analysis etc)
4) The audio has not been tampered with or edited in any way

Thank you.

[dannyboy81]

Anyone know? Thank you.

[>Charlotte<]

[url]http://forum.freeadvice.com/showthread.php?p=1822681&posted=1#post1822681[/url]

[dannyboy81]

Yes. Thank you for the help in that other post guys. We are going to go to the police ASAP