EvidenceProf Blog has another good post about a rape shield law case. This was Colin Miller's take on the case out of Pennsylvania:
Last April, Preston C. Gaddis was charged with rape, sexual assault, and indecent assault after police said he threw a 19 year-old woman onto the floor and raped her in his Pennsylvania home, despite her pleas that he stop. Last week, Gaddis tried to introduce evidence of the alleged victim's relationship with another woman to prove several elements of his defense. Specifically, he argued, inter alia, that the alleged victim was uncertain about her sexual preference and was using intercourse with him as an attempt to determine whether she was homosexual or heterosexual. He claimed that when the experience did not turn out the way that she expected, she leveled the charges of rape against him despite the sex being consensual. The prosecution opposed the introduction of this evidence, claiming that it was inadmissible under Pennsylvania's version of the Rape Shield Law, which generally prohibits the introduction of past sexual behavior by alleged victims based upon fears that jurors will judge them promiscuous or 'asking for it'.
This week, the court agreed with the prosecution, finding that the evidence of the alleged victim's previous relationship with another woman was inadmissible. What this case thus seems to reveal is that even though Pennsylvania's Rape Shield Law is worded differently than Federal Rule of Evidence 412, they have the same scope.
There is more to the post so go check the whole thing out.