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See e.g. Brockwell v. State 260 Ark. The "rape-shield statute is meant to guard victims of rape or sexual abuse from the humiliation of having their personal conduct unrelated to the costs pending paraded earlier than the jury and the public when such conduct is irrelevant to the defendant‘s guilt." Butler v. State 349 Ark. On appeal the Arkansas Supreme Court reversed and remanded holding that the circuit courtroom abused its discretion in admitting proof of the sufferer‘s prior sexual conduct below the res gestae exception as a result of Cossio didn‘t show how evidence of the victim’s sexual conduct on the day before the offense was probative of whether or not Cossio raped her the following evening whereas she was bodily helpless and incapable of consent. The State argues that Herren‘s interpretation of "prior" is just too slim and that BLR‘s actions main up to the act of digital penetration have no bearing on whether she was awake and consenting at the time of the act. See nn. 1-2 supra; L. L |
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