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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

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The Michigan Supreme Court will consider whether, in a criminal sexual conduct case, evidence of a victim’s pregnancy, lack of prior sexual activity, and abortion is barred by the rape-shield statute as “[e]vidence of specific instances of the victim’s sexual conduct, opinion evidence of the victim’s sexual conduct, [or] reputation evidence of the victim’s sexual conduct...” MCL 750.520j(1). The parties in <a href="http://publicdocs.courts.mi.gov/sct/public/orders/155747_70_01.pdf" target="_blank" rel="noopener"><em>People v. Sharpe</em></a>, Case Nos. 155747-8, also have been asked to address whether, if the evidence is covered by the rape-shield statute, it is nonetheless admissible under one of the statute’s exceptions.&nbsp; Further, if the evidence is not barred by the rape-shield statute, the parties have been asked to address whether the evidence is admissible under MRE 402 and MRE 403.&nbsp; The Court of Appeals previously held that the evidence is not necessarily barred by MRE 404(a) or Michigan’s rape-shield statute.&nbsp; Our blog post discussing the Court of Appeal’s opinion can be found <a href="https://www.wnj.com/Blogs/Appellate/March-2017/Rape-Shield-statute-may-not-bar-evidence-of-victim" target="_blank" rel="noopener">here</a>.

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MSC to consider scope of rape-shield statute

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MSC to consider scope of rape-shield statute

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