testimony that portrayed complainant as a “family person” did not create an inference of chastity that opened the door to evidence of prior sexual behavior
How later courts described this case
- testimony that portrayed complainant as a “family person” did not create an inference of chastity that opened the door to evidence of prior sexual behavior
Written by the judges who cited it.
The opinion
*241 SCHLEGEL, Judge
(dissenting).
I respectfully dissent.
The majority concludes that the State did not present evidence opening the door for the defendant’s rebuttal evidence of Freda’s past sexual behavior. Rather, the majority notes, the State’s evidence “relates to the victim’s progress in reforming her prior drug-related life style” and therefore, “only, opened the door as to the victim’s general character.” I believe that the record indicates that the State presented evidence raising the inference that Freda was of upstanding character. Thus, the door was open for the defendant to rebut such an inference. The defendant, in order to preserve his constitutional rights to confront and cross-examine witnesses and to a fair trial, must be allowed to effectively rebut the State’s character evidence of Freda. The defendant must be allowed to present rebuttal evidence which provides the jury with a complete picture of the complainant’s character so as to accurately judge her credibility. Therefore, I would hold that the evidence pertaining to Freda’s past sexual behavior is admissible as rebuttal character evidence and thus, reverse and remand for a new trial.