Smith v. State

Johnson, Judge.

Hosea Smith was tried and convicted of rape. He appeals.

1. Smith contends that the trial court erred in refusing to allow evidence regarding the victim’s alleged past sexual behavior.

OCGA § 24-2-3 (b) provides that “[i]n any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court . . . finds that the past sexual behavior directly involved the participation of the accused and finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the…