Please someone tell me why this rule of evidence still applies when every other statute governing victims of sexual assault makes their prior sexual history irrelevant? How is it relevant on guilt innocence on a statutory rape that the victim was sexually active - particularly when the defendant was in his 30's!

[This message was edited by Scott Holden on 04-12-05 at .]

Rule 412(e) was specifically disapproved by the legislature and is no longer effective. Lawrence v. State, 2003 WL 1848659 at *2 (Tex.App.-Houston [1 Dist.],Apr 10, 2003, no pet.); Hilton v. State, 1996 WL 355163 (Tex.App.-Beaumont,1996, no pet.).

I pointed out to my judge that the legislature disapproved of that rule - and i am overruled. I did not have these cases, however. I hope she will follow them even though they are unreported opinions. Why doesn't the court just revise the rules!

If you want more authority you could try Cochran, Texas Rules of Evidence Handbook at 389 (5th ed. 2003).

Somebody should convince the cca or supreme court to repeal this defunct rule.