State v. Bobby Perry A/K/A Bobby Penny(075114)

Defendant was charged with sexually and physically assaulting a woman he had been casually dating. Prior to trial, defendant filed a motion under the New Jersey Rape Shield Law, N.J.S.A. 2C:14-7 (Rape Shield Law), to admit DNA evidence of an unidentified semen stain, which did not belong to defendant, found on the shorts that the victim was wearing on the night of the assault. Although it was never determined to whom the semen belonged or when it was left on the victim’s shorts, defendant argued that the evidence supported his defense that the victim was still romantically involved with her…