State v. Walton

OPINION

KIRSCH, Judge.

Following John Walton’s acquittal of Rape1 and Criminal Deviate Conduct,2 the State appeals a reserved question of law3 contending that the trial court erred in permitting the introduction of evidence that the *499victim had made demonstrably false allegations of a prior rape. We discuss the following issues:

I. Whether the common law exceptions to the Rape Shield Rule which permitted the introduction of evidence that the victim had made prior allegations of rape shown to be demonstrably false survived the adoption of Indiana Rule of Evidence 608(b), which prohibits the…