State v. Gibson

MORGAN, Judge.

Appellant was acquitted of one count of sodomy, but convicted of one count of forcible rape and one count of kidnapping and was sentenced to terms of twenty years and five years respectively with said terms to run consecutively. Secs. 559.260 and 559.-240, RSMo 1969. The appeal therefrom revolves around the application and alleged unconstitutionality of § 491.015, RSMo 1978, commonly referred to as the “rape shield” statute. We reverse and remand.

There is no dispute between the prosecu-trix (herein referred to as the complainant) and the appellant as to whether or not the sexual…