Pilcher v. Commonwealth

BENTON, Judge.

The issue presented by this appeal is whether, under the facts of this case, the “rape shield law” is an ex post facto law. 1 We hold that it is not.

I

The grand jury indicted Donald Robert Pilcher for rape of a female, child under age sixteen in violation of Code § 18.1-44, carnal knowledge of a female by anus or mouth in violation of Code § 18.1-212, and placing his hand upon a sexual or genital part of a child under the age of fourteen in violation of Code § 18.1-215. All the events were alleged to have occurred in 1969 under statutes that have since been recodified and…