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Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior

by Douglas Ankney

The Supreme Court of Georgia held that a defendant may invoke O.C.G.A. § 24-4-412 (“Rape Shield Statute”) to prohibit the State from offering evidence of a complaining witness’ past sexual behavior. In so doing, the Court overruled prior decisions of the Court of Appeals that held the ...

 

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