Mayo v. Commonwealth

322 S.W.3d 41 (2010)

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Mayo v. Commonwealth

Kentucky Supreme Court
322 S.W.3d 41 (2010)

  • Written by Haley Gintis, JD

Facts

H. Drew Mayo (defendant) was charged by Kentucky (plaintiff) with rape, sodomy, and being a persistent felony offender for sexually assaulting his estranged wife. At trial, Mayo’s wife testified that Mayo had threatened to force her to have anal sex if she refused to have vaginal sex. A jury convicted Mayo of the charges. Mayo appealed the convictions on several grounds, including that the trial court had erred by not allowing Mayo to testify that he and his wife had previously engaged in consensual anal intercourse. The trial court had denied Mayo’s motion in limine to introduce the evidence concerning consensual anal sex but allowed Mayo to testify about their previous consensual sexual intercourse on the days immediately preceding the alleged rape. The court allowed Mayo to testify about the consensual sex even though Mayo did not provide notice that he intended to introduce the evidence. Mayo argued that Kentucky Rule of Evidence (KRE) 412, which excluded evidence of a victim’s sexual predisposition, did not apply to spouses. The Kentucky Supreme Court reviewed the case.

Rule of Law

Issue

Holding and Reasoning (Minton, C.J.)

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