Judge and Jury trial on count of sexual assault. Complainant alleged that the client, her friend and acquaintance came to her home to drop off some Christmas presents to take back home to family. While there he sexually assaulted her by having vaginal intercourse and then returned to his girlfriend who had been waiting in the truck for him. Complainant had previously stated in her police statement and testified at the preliminary that she and the client had no previous sexual history.
Held: Based on affidavit of client that there was a sexual history between the two, an application to question the complainant as to this previous sexual history was granted. Client testified at trial that the sexual intercourse during the visit to drop off the Christmas presents was consensual. Jury found the client not guilty.