People v. Wilhelm
Michigan Court of Appeals
476 N.W.2d 753 (1991)
Wilhelm (defendant) watched the victim lift her shirt for two male companions at a bar and allow one to touch her breasts; later that night she went home with Wilhelm and they had intercourse, which she said was nonconsensual. Wilhelm was convicted of third-degree criminal sexual conduct. At trial he sought to introduce evidence of the victim's public conduct at the bar to show she consented, but the prosecutor argued the state's rape shield statute barred evidence of her sexual conduct with others.
Whether evidence of a victim's consensual sexual conduct with a third party in public is sufficiently probative of her consent to intercourse with the defendant to remove it from the scope of the rape shield statute.