Atkins v. the State

Because the trial court excluded evidence relevant to a plausible defense that was not evidence of the victim’s past sexual behavior and therefore not within the scope of the Rape Shield Statute, I respectfully dissent from Division 2. I concur fully in Division 1.

After initially accusing, by name, a boy who lived in her neighborhood of impregnating her, A. O. leveled the same charge against Atkins. Notwithstanding DNA evidence that belied that charge, prosecution of Atkins continued on the theory that Atkins raped and molested her on other occasions.

*429Atkins filed a motion in limine, arguing…