State v. Ray

MORGAN, Judge.

Appellant was convicted of one count of forcible rape and sentenced to a term of five years. Sec. 566.030, RSMo 1978. Several points are raised on the appeal therefrom, including the application and alleged unconstitutionality of § 491.015, RSMo 1978, commonly referred to as the “rape shield” statute. We reverse and remand.

At trial, appellant’s defense was that he did not achieve penetration and that in any case the prosecutrix (hereinafter referred to as the complainant) had given consent. The complainant asserted that appellant and three others raped her in the early morning…