Virtually every rape shield law permits a defendant to introduce evidence of “specific instances of sexual activity to show the origin of semen” found on the victim or her clothes. When is this section applicable?
In State v. Patterson, 291 P.3d 556 (Mont. 2012) the victim had semen stains on the shirt she was wearing on the night of the alleged sexual assault.
Tests showed the defendant was not the source. The trial court refused to permit the defendant to cross-examine the victim about the source of the semen, and the Montana Supreme Court agreed. Why?
In what situation may a defendant introduce such evidence?
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