Estes v. State

Quillian, Presiding Judge.

Defendant appeals his conviction for committing incest with his 16-year-old daughter. Held:

1. Error is enumerated because the trial court held that the rape shield statute, Code Ann. § 38-202.1 (Ga. L. 1976, p. 741), applied and thus denied the defense a full and sifting cross-examination of the victim and the investigating police officer concerning the victim’s prior sexual conduct as well as the admission of physical evidence bearing on her conduct.

Code Ann. § 38-202.1 provides that the past sexual behavior of the complaining witness in a rape case is not…