State v. Jacques

558 A.2d 706 (Me. 1989)

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Nature of the Case

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Facts

Before trial, the state brought a motion in limine asking the court to exclude any evidence of each child victim's past sexual behavior. The state then furnished evidence that both victims were subject to sexual abuse by persons other than D. The court ruled that this evidence as inadmissible. At trial, the girl, 5 and the boy, 10 testified that D had sexually abused them. The trial court prevented cross concerning other sources of sexual abuse. D was convicted and appealed.