State of Arizona v. Jose G. Hernandez

Summary

The Arizona Court of Appeals accepted special-action jurisdiction and granted relief from a superior court ruling permitting evidence of a child victim’s prior sexual victimization under Arizona’s Rape Shield Law. The court held that “trauma” in A.R.S. § 13-1421(A)(2) refers only to physical injury and does not include emotional or psychological trauma. The court declined to decide whether the evidence could nevertheless be admissible on constitutional grounds because the superior court had not addressed that issue.

Holdings

1. The term "trauma" in A.R.S. § 13-1421(A)(2) means physical injury, not emotional or psychological harm.
2. Evidence that the victim suffered mental or emotional trauma from sexual victimization by other family members does not trigger A.R.S. § 13-1421(A)(2) and is inadmissible under the Rape Shield Law on the theory presented.
3. The court declined to decide in the first instance whether the evidence might be admissible on constitutional grounds despite the Rape Shield Law.

Questions Presented

1. Whether the term "trauma" in A.R.S. § 13-1421(A)(2) includes mental or emotional trauma, or is limited to physical injury.
2. Whether evidence of the victim's alleged prior sexual victimization was admissible under the Rape Shield Law to support Hernandez's misidentification and memory defense.
3. Whether the court should decide Hernandez's alternative argument that admission was required on constitutional due-process and confrontation grounds.

Disposition

writ_granted