State v. Miskell

This appeal raises the issue of the application of the rape shield statute (RSA 632-A:6 (Supp. 1981)) to questions asked of a prosecutrix in a rape case during a discovery deposition. The Trial Court {Dunn, J.) granted a motion to compel answers to the deposition, and this interlocutory appeal followed. Because RSA 632-A:6 is applicable to the discovery process, we reverse the trial court’s order and remand.

The prosecutrix has alleged that she was raped on the night of August 7, 1980. The defendant was subsequently charged with aggravated felonious sexual assault, RSA 632-A:2 (Supp. 1981).…