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To: investigateworld; don'tbedenied

Here is the relevant part of the NC rape shield law.

It won't matter whether the AV made an inconsistent statement or not. Any sexual activity recent enough to show up in a vaginal swab is almost certainly going to be allowed in as probative of the assertion that that activity accounted for the genital injuries, and not the alleged rape by the lacrosse players. A trial judge should clearly allow this in, and even if he or she did not, the defense would have a very good argument on appeal.





Rule 412. Rape or sex offense cases; relevance of victim's past behavior.
(b) Notwithstanding any other provision of law, the sexual behavior of the
complainant is irrelevant to any issue in the prosecution unless such behavior:
* * *
(2) Is evidence of specific instances of sexual behavior offered for the
purpose of showing that the act or acts charged were not committed by
the defendant

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/pdf/BySection/Chapter_8C/GS_8C-412.pdf


1,052 posted on 05/12/2006 8:06:41 PM PDT by SirJohnBarleycorn
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To: SirJohnBarleycorn

Slam dunk SirJohnBarleycorn!

I'm just glad you're not SirLowSparkofHIghHeelBoys


1,055 posted on 05/12/2006 8:10:38 PM PDT by don'tbedenied ( D)
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To: SirJohnBarleycorn
NC Rape Shield Laws.

Mark.

1,154 posted on 05/12/2006 10:17:59 PM PDT by Alia
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