State v. Herndon
Wisconsin Court of Appeals
426 N.W.2d 347 (1988)
- Written by Sara Rhee, JD
Facts
M.L.P., a juvenile, accused Leonard Herndon (defendant) of rape. In a preliminary hearing, M.L.P. testified that Herndon forced her into his car, drove her to a nearby parking lot, and forced her to commit sexual acts. When arrested, Herndon did not deny the sexual activity. However, he claimed that M.L.P. flagged him down, said she was working, and asked if he had money. Believing M.L.P. was a prostitute, Herndon drove her to the nearby parking lot and engaged in consensual acts of prostitution. At trial, Herndon wanted to cross-examine M.L.P. about her two prior arrests for prostitution, have the arresting officers testify as to M.L.P.’s pattern for soliciting men, and have M.L.P.’s mother testify as to her awareness of and anger about M.L.P.’s prostitution. He claimed the evidence supported that the sexual activity was consensual, that M.L.P. was motivated by a need for money, and that M.L.P. fabricated the rape accusation to avoid punishment by her mother. Relying on Wisconsin’s rape-shield statute, the trial court declined to allow any testimony or reference to M.L.P.’s prior sexual conduct. After Herndon was convicted, he appealed to the Wisconsin Court of Appeals, arguing the statute was unconstitutional.
Rule of Law
Issue
Holding and Reasoning (Moser, J.)
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