To: investigateworld
Without having gone back to check the wording of the NC rape shield statute, I believe it would be allowable into evidence here if the defense attorneys can convince the trial judge that the prior sexual activity is probative of the issue as to how the injuries to her genital area were sustained, and the probative value in this case whould outweigh any prejudicial effect, and I would expect a judge to so rule.
To: SirJohnBarleycorn; don'tbedenied
Right, it would be a call made by the judge.
If in her statement, the time line don't match the events, then the judge would allow it in.
But every state is different. An MD would have been used to make the initial exam in California, while here it appears a specialty trained nurse was used..
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