Michigan v. Lucas

Because Nolan Lucas failed to give statutorily required notice of his intention to present evidence of an alleged rape victim’s past sexual conduct, a Michigan trial court refused to let him present the evidence at trial. The Michigan Court of Appeals reversed, adopting a per se rule that preclusion of evidence of a rape victim’s prior sexual relationship with a criminal defendant violates the Sixth Amendment. We consider the propriety of this per se rule.

I — I

Like most States, Michigan has a rape-shield statute designed to protect victims of rape from being exposed at trial to harassing or…