Bates v. State

Smith, Judge.

Following a jury trial, Richard Bates appeals from his conviction entered on a charge of sexual battery. OCGA § 16-6-22.1 (b). He argues the trial court erred in denying his pretrial motion to rule admissible evidence that the victim had allegedly engaged in sexual activity with her ex-boyfriend during the “55 to 57 hour period immediately prior to the alleged act of sexual battery.” He also contends the trial court erred in applying the rape shield statute, OCGA § 24-2-3, in ruling the evidence inadmissible. Bates’s essential position at trial was that the alleged sexual…