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People v. Wilhelm
Michigan Court of Appeals
476 N.W.2d 753 (1991)
Wilhelm (defendant) was at a bar where he observed the victim lift her shirt for her two male companions. Wilhelm also saw that she allowed one of her companions to touch her breasts. Later that night, the victim went home with him and they engaged in sexual intercourse, which she later claimed was nonconsensual. Wilhelm was subsequently convicted of third-degree criminal sexual conduct. At trial, Wilhelm sought to introduce evidence of the victim’s public behavior at the bar. The prosecutor moved to exclude the evidence, arguing that the state’s rape shield statute prohibited evidence of the victim’s prior sexual conduct with others.
Rule of Law
Holding and Reasoning (Per curiam)
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