Commonwealth v. Stockhamme

570 N.E.2d 992 (1991)

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Nature of the Case

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Facts

D was charged with rape and requested a judge trial. During cross of the complainant and at the point where defense counsel wanted to probe the areas covered in a motion that certain evidence was admissible on the issues of consent, bias, and motive to falsify; D wanted to get into evidence the fact that the victim had sexual intercourse in the weeks following the alleged rape and intercourse both before and after with her boyfriend. D wanted to show that the victim had a motive to lie to appease her current boyfriend. The judge allowed limited evidence about relations with the boyfriend before April 1988, but that D could not pursue the issue beyond that. D then queried the victim about her relations with her boyfriend and then tried to move the topic to what her parents would think of such activity. That was cut off by objection with the court sustaining that objection. D was convicted, and this appeal was taken.