State v. Graham

The sole inquiry presented by this cause is whether the trial court committed prejudicial error in excluding appellee’s proposed evidence of his prior sexual conduct with the victim. The question of the constitutionality of the statute is not before us.

R. C, 2907.02(D) provides, in applicable part, that evidence of specific instances of the victim’s past sexual activity with the accused is admissible at trial only where the court determines that “the evidence is material to a *352fact at issue iu the case and that its inflammatory or prejudicial nature does not outweigh its probative value.”…