31 H3VOGIU1 1 attitude that has to be confronted in various cases. 2 Frequently, if there's domestic violence that's at issue, an 3 expert witness comes in to explain to the jury, oh, why didn't 4 she leave? Why did she stay with this fellow who was beating 5 her up? She was free to walk out of the relationship. Why 6 didn't she do so? And there is a whole literature that I know 7 your Honor is familiar with and that we cited in our brief, as 8 well. 9 We don't want to get into that in front of the jury in 10 this particular case. This is a blame the victim tactic that 1a shouldn't be allowed. This has very marginal, if any, 12 probative value and a very significant prejudicial effect 13 because the jury will potentially blame the victim for staying 14 with her abusive spouse. 15 Now, in addition, you'll notice from the pleading that 16 the defendants aren't intent just on asking questions about de this, but they also want to go into the whole criminal case 18 against Ms. Giuffre's husband, you know, whether he appeared or 19 what the felony charges are and a variety of things. That, 20 obviously, has even less probative value than the information I 21 was discussing a moment ago and should be independently 22 excluded. 23 The next issue up is item 15. And here, we ask to 24 have excluded any suggestions that sex with a 17-year-old is 25 permissible. You will recall that there's debate about exactly SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011334