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..
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
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