Taking Exception: Is Evidence of Prior Oral Sex by 15 Year-Old Victim Admissible in Prosecution of 38 Year-Old?

A 38 year-old defendant is charged with four counts of sexual conduct with a minor, and it is undisputed that he engaged in four acts of oral sexual intercourse with the victim, who was 15 years-old. The defendant, however, seeks to present evidence that the victim had engaged in oral sex with two other individuals, claiming that it went to his belief that the victim was eighteen or older. Should the court deem this evidence admissible? According to a trial court the answer is “yes,” and it may reach the same conclusion after a remand from the Court of Appeals of Arizona.

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