State v. Herndon

M.L.P., a juvenile, accused Leonard Herndon of third-degree sexual assault. At a preliminary hearing, M.L.P. testified that Herndon forced her into his car, drove her to a nearby parking lot, and forced her to engage in sexual acts. When arrested, Herndon did not deny that sexual activity occurred, but claimed M.L.P. had flagged him down, told him she was "working," and asked if he had money; believing she was a prostitute, he drove her to the parking lot and engaged in what he understood to be consensual acts of prostitution. At trial, Herndon sought to cross-examine M.L.P. about her two prior arrests for prostitution, to have the arresting officers testify to her pattern of soliciting men, and to have her mother testify about her awareness of and anger over M.L.P.'s prostitution, arguing this evidence would show the encounter was consensual, that M.L.P. was motivated by a need for money, and that she fabricated the assault accusation to avoid her mother's punishment. Relying on Wisconsin's rape-shield statute, section 972.11(2), Stats., the trial court refused to allow any testimony or reference to M.L.P.'s prior sexual conduct.