Statements acknowledging the existence of a committed romantic relationship are evidence of neither sexual conduct nor sexual orientation. As such, if evidence of such a committed romantic relationship is otherwise relevant to the case, it is admissible and not barred by the rape shield statute. People v. Golden, 140 P.3d 1 (Colo. App. 2005).
If initial questions into the existence of such a relationship are ruled in order, a court cannot foreclose cross-examination through use of prior inconsistent statements in that regard. People v. Golden, 140 P.3d 1 (Colo. App. 2005). |
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Evidence of victim's prior sexual encounter was not logically relevant to the question of whether the defendant committed sexual assault or whether victim consented to intercourse and trial court properly excluded it under the rape shield statute's presumption of irrelevance. People v. Harris, 43 P.3d 221 (Colo. 2002). |
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Trial court did not commit error in denying defendant's motion to admit witness testimony in sexual assault prosecution without a hearing where defendant sought to admit testimony that one of the victims had stated that she was having a sexual relationship with defendant and that she had sex for money. Such evidence was presumptively irrelevant and court properly concluded that offer of proof was insufficient to require evidentiary hearing. People v. Braley, 879 P.2d 410 (Colo. App. 1993). |
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Proffered testimony that victim owned condoms and had a male visitor was only marginally probative as to whether the victim was sexually active prior to the incidents involving the defendant. Richmond v. Embry, 122 F.3d 866 (10th Cir. 1997). |
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In addition, the proffered testimony was not the type that if believed would have, by necessity, exculpated the defendant. Richmond v. Embry, 122 F.3d 866 (10th Cir. 1997). |
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Moreover, in the context of the entire record, the appellate court was not persuaded that the proffered testimony, even if admitted, would have created a reasonable doubt that did not exist without the evidence. Richmond v. Embry, 122 F.3d 866 (10th Cir. 1997). |
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Trial court properly excluded evidence under the rape shield statute. The rape shield statute is designed to keep out evidence offered to show the victim was predisposed to homosexual, pedophilic experiences. People v. Dembry, 91 P.3d 431 (Colo. App. 2003). |
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Credibility of a victim in a sexual assault case may be attacked by showing that she has a history of making false accusations. People v. Wilson, 678 P.2d 1024 (Colo. App. 1983), cert. denied, 469 U.S. 843, 105 S. Ct. 148, 83 L. Ed.2d 87 (1984). |
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Trial court erred in precluding defendant from inquiring into, and if necessary, presenting evidence of, a romantic relationship between alleged victim and a friend. Evidence of alleged victim's romantic and sexual relationship with friend was relevant to a material issue in the case, namely, victim's motive to lie. Trial court's exclusion of the motive evidence infringed upon defendant's constitutional right to confront witnesses. People v. Owens, 183 P.3d 568 (Colo. App. 2007). |
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