Motion to Preclude Prosecution from Referring to Complainant as a “Victim”

This motion argues that referring to a complainant as a “victim” improperly bolsters credibility, undermines the presumption of innocence, and prejudices the accused by presupposing that a crime occurred. Drawing on social science research, including a study finding that jurors were more likely to presume guilt when an accuser was labeled a “victim” rather than a “complaining witness,” the motion explains how language shapes juror narratives and decision-making. It further argues that the term has little or no probative value and should be excluded under evidentiary balancing rules because of its substantial prejudicial effect.