State v. Colbath
Supreme Court of New Hampshire
540 A.2d 1212 (1988)
A woman flirted with several men at a bar, including Colbath (defendant), then left with him and had sex with him in her trailer. Her jealous roommate discovered them, attacked her, and the two women fought; afterward, the woman showed police her injuries and accused Colbath of rape. At trial, the judge let witnesses describe the woman's flirtatious behavior at the bar and her fight with the roommate, but told the jury to use that testimony only as background, not on whether she had consented to sex with Colbath. Colbath objected and was not given a chance to argue the evidence should count toward consent. The jury convicted him, and he appealed.
Whether a rape-shield statute's exclusion of evidence about a complainant's sexual conduct must give way to the defendant's rights to confront witnesses and present an exculpatory defense.