Winfield v. Commonwealth

In this case of first impression involving a prosecution for sexual assault, we must examine the admissibility of evidence of the complaining witness’s specific acts of sexual conduct with persons other than the accused, in light of the “rape shield” provision of Code § 18.2-67.7. 1

*214Herbert Winfield, Jr., was indicted for the forcible rape and forcible sodomy of Sandra Nelson. Prior to the trial, Winfield gave written notice to the Commonwealth, pursuant to Code § 18.2-67.7(B), that he wished to offer the following evidence as to Sandra’s prior sexual conduct with others:(1) Testimony of Leon…