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Home / Courts / Criminal Practice – Evidence – Rape Shield Statute – Domestic Violence – Hearsay – Custody Dispute (access required)

Criminal Practice – Evidence – Rape Shield Statute – Domestic Violence – Hearsay – Custody Dispute (access required)

State v. Chase Even though defendant was charged with criminal domestic violence of a high and aggravated nature (CDVHAN) as well as criminal sexual conduct, the trial court applied the Rape Shield Statute to exclude videotapes of prior consensual sexual activity between defendant and the victim. It was incumbent upon defendant to seek an additional ruling under Rule 403, SCRE, but he failed to do so. Thus, any argument regarding admissibility of the videotapes as they relate to CDVHAN is not preserved for our review.

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