State v. Clarke

WOLLE, Justice.

In this sexual abuse case we granted the State’s request for discretionary review of the trial court’s pretrial order permitting defendant to introduce evidence of the complaining witness’s past sexual conduct. Because defendant has not established a proper basis for admission of the evidence at trial, we reverse and remand.

The defendant Roger Walter Clarke was charged on April 11, 1983, with sexual abuse in the third degree in violation of Iowa Code section 709.4(1) (1983). Specifically, the State alleges that defendant forced the complaining witness to have oral sex with him.…