People v. Kellar

OPINION OF THE COURT

Mercure, J.

In June 1989 defendant was indicted for various counts of rape, sodomy and sexual abuse as the result of a May 29, 1989 incident in which, a jury ultimately determined, defendant subjected a 16-year-old female victim to forcible sexual intercourse. In his trial testimony, defendant acknowledged his participation in the encounter, but insisted that his sexual activity with the victim was wholly consensual and did not involve sexual intercourse.

Prosecution evidence showed that the victim was examined by a physician shortly after the incident and that a "rape kit”…