Summitt v. The State Of Nevada

697 P.2d 1374 (Nev. 1985)

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Nature of the Case

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Facts

D was indicted for three counts of sexual assault committed on a six-year-old child. A count charging sexual intercourse was dismissed before the trial because of the State's (P) failure to preserve evidence. D sought to introduce evidence of a prior sexual experience of the victim, which included intercourse, fellatio, and the fondling of the victim's genitalia. The prior assault had occurred two years before the crime in issue, in the same trailer park, and involved the same victim and her nine-year-old girl-friend, who was also a witness in the instant case. D offered the testimony to show that the young victim had had prior independent knowledge of similar acts which constituted the basis for the present charge. The court denied the admission on the basis of the rape shield law. That law provided: In any prosecution for sexual assault . . . the accused may not present evidence of any previous sexual conduct of the victim of the crime to challenge the victim's credibility as a witness unless the prosecutor has presented evidence or the victim has testified concerning such conduct, or the absence of such conduct, in which case the scope of the accused's cross-examination of the victim or rebuttal shall be limited to the evidence presented by the prosecutor or victim. D was convicted and appealed.