MORGAN HILL (KPIX 5) -- Former 49er linebacker Dana Stubblefield has been sitting in jail for two weeks on rape charges and now his attorneys claim they have new evidence in the case that puts the credibility of the victim in question.
Dana Stubblefield's attorney Allen Sawyer says this new evidence supports his client's claim that he paid the victim for sex.
"It's a video on one site where she's offering to engage in sex acts for money," Sawyer said.
The prosecutor in this case Tim McInery with the Santa Clara County District Attorney's Office didn't want to speak on camera but said, "This is victim shaming and Stubblefield's attorneys are violating the rules of professional conduct."
Stubblefield faces five felony charges with a gun enhancement for allegedly raping an intellectually disabled 34-year-old woman at gunpoint at his Morgan Hill home in 2015.
If convicted, Stubblefield is looking at spending 15 years to life in prison.
Legal analyst Steve Clark says this evidence could be key in Stubblefield's trial.
"While the prosecution is angry that the defense is taking this tactic, the defense has Mr. Stubblefield's life in his hands," Clark said.
Prosecutors say there is a good chance this new evidence never enters the court room, since a victim's sexual history is not fair game in a rape trial.
But Clark disagrees.
He says in sexual assault cases credibility is a key issue and the video contradicts her testimony that she never worked in the porn industry or received money for sex.
Stubblefield's attorneys hope it proves she is fully capable of consent.
"The allegation that this woman is incapable of giving consent and incapable of understanding what sex is and what sex acts are - when she's advertising to commit separate sex acts with all different kinds of toys and different things for money - and specifically delineates between the different sex acts for money, she is more than capable of understanding what it is," Sawyer said.
While defense attorneys are hoping the new evidence will lead to the charges being dropped, Clark says that is highly unlikely.
The trial is scheduled to start in late March 2018.
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