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In commenting on the importance of coming to terms with these kinds of issues in the context of litigation, at least one study concluded that given the widespread use of social networking and its implications for litigation, it should be considered a matter of “professional competence” for attorneys to investigate relevant social networking sites.” 1309 (2006); Authenticating My Space Evidence, CYB3RCRIM3 (Nov. In terms of the evidentiary implications arising from this new forum for communications, the problems and the solutions are a mix of the old and the new.Traditional evidentiary principles provide a starting place for analysis.Moreover, the ways in which society both hypersexualizes LGBTQ people and stigmatizes our relationships can lead to intimate partner violence that stems from internalized homophobia and shame.Yet, as a community, we rarely talk about how sexual violence affects us or what our community’s unique needs are when it comes to preventing sexual assault and supporting and caring for survivors of sexual violence.The National Transgender Discrimination Survey found that among those transgender respondents who had interacted with police 6 percent had been physically assaulted and 2 percent had been sexually assaulted by police.Among black transgender people, 15 percent reported physical assault and 7 percent reported sexual assault by police.

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The court will look to Rules 104 and 901 of the Federal Rules of Evidence (or the state analog for matters litigated in state courts) in its consideration of authentication questions, just as it would for the authentication of exhibits outside of the social media realm.For LGBTQ survivors of sexual assault, their identities – and the discrimination they face surrounding those identities – often make them hesitant to seek help from police, hospitals, shelters or rape crisis centers, the very resources that are supposed to help them.85 percent of victim advocates surveyed by the NCAVP reported having worked with an LGBTQ survivor who was denied services because of their sexual orientation or gender identity.Preliminary questions of admissibility turn, for the most part, on traditional analysis, based on familiar frameworks for considering authenticity, the best-evidence rule, hearsay, hearsay exceptions, party admissions, co-conspirator relationships and statements, non-hearsay proffers, and more.However, some factors specific to social media networking can complicate the application of those traditional concepts, and we must be prepared to deal with these complications.Laying the Foundation for Authentication There are at least two primary authentication questions that a proponent of a printout from a social media site must be prepared to address.