People v. McKenna

The appellant was convicted by a jury of first-degree sexual assault. He appeals, raising four principal issues. We affirm.

A detailed factual discussion of this sexual attack would serve no useful purpose. Only those facts necessary to our decision will be discussed.

I. Constitutionality of Section 18-3-407, C.R.S. 1973 (1977 Supp.)

The appellant first questions the constitutionality of Colorado’s “rape shield” statute, section 18-3-407, C.R.S. 1973 (1977 Supp.). That statute provides that, except in certain instances not pertinent here, in rape and sexual assault cases, evidence of the…