 from a judgment entered on 28 July 2015 by Judge Reuben F. Young in Superior Court, Bladen County.
Paul F. Herzog for defendant-appellant.
In this case we consider whether the exception outlined in North Carolina Rule of Evidence 412(b)(2) applies to evidence of the complainant's history of sexually transmitted diseases (STDs) such that the trial court erred in excluding that evidence pursuant to Rule 412 when other evidence showed that defendant was not infected with those STDs. Because we conclude that the relevant evidence in defendant's offer of proof fell within the Rule 412(b)(2) exception, we reverse the decision of the Court of Appeals holding that the trial court did not err in excluding the STD evidence and remand this case for a new trial.
On 6 May 2013, complainant "Betty"[1] was taken to the hospital after reporting that defendant, her father, had been having sexual relations with her. As part of her examination, she was tested for STDs. The test results revealed that Betty had contracted Trichomonas vaginalis and the Herpes simplex virus, Type II.  Three days after defendant's arrest, pursuant to a search warrant, defendant was tested for STDs and the test results showed no evidence of either Trichomonas or the Herpes simplex virus, Type II.
At trial, Betty testified that defendant had been having sexual relations with her over a period of several years beginning with an incident in 2011, when Betty was eight or nine years old. Betty described the first incident with some particularity. During her testimony Betty also described three specific instances in which defendant engaged in sexual acts with her in 2013, when Betty was eleven years old. First, Betty testified that on 5 May 2013, after she had showered, eaten, and gone to bed, she woke up to defendant's pulling the bed covers off of her.  Betty also recounted that the week before the previous incident, defendant had sex with her in the kitchen of their home. This incident occurred while her mother was at work and her younger brother was outside the home.  She noted that she remembered the date because defendant had picked her up early from school after she had been disciplined for kicking another student. On cross-examination, Betty indicated that defendant had sex with her approximately twice per week for about three years. Over the course of subsequent days, both the State and defense called several other witnesses, and defendant even testified on his own behalf. Of particular relevance to our decision here, during defendant's case-in-chief, defense counsel submitted to the trial court an offer of proof pursuant to Rule 412 that contained, inter alia, the "Medical Expert Report" prepared by Dr. Ramsey to preview his potential testimony regarding the implications of the STD evidence. After considering the offer of proof, the trial court reaffirmed its earlier decision that evidence regarding Betty's STDs must be excluded from trial for violating the Rape Shield Law.
On 28 July 2015, a jury returned a verdict finding defendant guilty of first-degree sex offense with a child. The jury deadlocked on the remaining rape charges. For the conviction of first-degree sex offense with a child, the trial court imposed a sentence of 420 to 564 months of imprisonment. After sentencing, defendant gave oral notice of appeal.
Regarding the issue of the STD evidence, defendant argued before the Court of Appeals that the trial court erred by excluding the evidence because its inclusion would have made sexual contact between Betty and defendant less likely, thereby qualifying for the Rule 412(b)(2) exception. The Court of Appeals majority disagreed and instead concluded that the STD evidence was properly excluded from trial because that exception was not applicable here. State v. Jacobs, __ N.C.App. __, __, 798 S.E.2d 532, 536 (2017). In reaching...Supreme was originally going to be formed in Cataclysm but due to problems with our old guild (Renegades) we decided to start early.
We've been active for a few weeks now and are currently at 12/12 in ICC10. We are looking for members to push further in Heroic (currently 3/12 after 1 run) and would love some fresh blood!
We're mainly a social guild but when it comes to raids we take it serious. Currently no positions are closed off when it comes to recruitment.
If your looking for a close knit guild who are friendly, helpful but take progression seriously, apply on http://supreme.guildzilla.com/.
Bump! 8/12 heroic now.Is there another team that has a Facebook page for their robot? Sagittarius (1073’s robot from Breakaway) is in need of a relationship!
jsasaki, that’s teams. Their ROBOT’s getting lonely.
166 would help, but our robots are socially deficient.
Lol, or open relationship. And we do have a page people can “like” but also a friend page of our robot like it’s a person and that’s what we’re talking about lol.
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