People v. Garcia

Judge BERNARD

specially concurring.

I fully agree with the result reached in this case. However, I respectfully disagree with the statement, contained in section III.A of the court’s opinion, that “the victim’s statements to defendant regarding a rape fantasy do not constitute evidence of sexual conduct for purposes of the [Rape Shield Statute].”

I believe statements about sexual fantasies are included within the scope of sexual conduct, as that term is used in the Rape Shield Statute. I base this belief on (1) the Rape Shield Statute’s language, when interpreted in light of the legislative…