State v. Babbs

Tom Glaze, Justice.

Appellees David W. Babbs and RusseE Conger are charged with the rape of prosecutrix Jocelyn Brooke Shipp. At a pretrial, in-camera hearing, the appeEants proffered testimony indicating that Shipp had consensual sexual intercourse with Conger after the aEeged rape, that such subsequent sexual activity is relevant regarding the issue of consent and Shipp’s credibility, and should be admissible at trial. The trial court ruled in the appeEees’ favor, and the State brings this interlocutory appeal pursuant to Ark. Code Ann. § 16-42-101 (c)(3)(B) (Supp. 1997) of the Rape Shield…