State v. Lavalleur

Defendant was charged with first degree sexual assault and attempted first degree sexual assault. Before trial, Defendant sought to offer evidence that the complaining witness had an intimate relationship with a third party, arguing that the relationship showed that the complaining witness had a motive to falsely report that she had not consented to sexual activities with Defendant. The district court ruled that the rape shield statute prohibited Defendant from introducing the evidence. The jury found Defendant not guilty of first degree sexual assault but guilty of attempted first degree sexual assault. The Supreme Court reversed, holding that evidence of an intimate relationship, standing alone, is not within the scope of the rape shield statute, the relationship was relevant, the exclusion of the evidence was not harmless. Remanded for a new trial. View "State v. Lavalleur" on Justia Law