People v. MacLeod

I. Introduction

At issue here is whether the rape shield statute, section 18-3^107, C.R.S. (2007), and its procedural requirements apply when evidence of a witness’s sexual history is not being offered for the truth of the matter asserted. In this prosecution appeal of a question of law, as permitted by section 16-12-102(1), C.R.S. (2007), the People argue that the rape shield statute applies regardless of the proponent’s purpose for introducing the evidence. The People request that we disapprove the court of appeals’ decision in this case, People v. MacLeod, 155 P.3d 494 (Colo.App.2006),…