M.M. v. State

Summary

The Supreme Court of Arkansas held that Arkansas's rape shield statute, by its terms applicable to criminal prosecutions, did not apply to a juvenile delinquency proceeding. The court nevertheless affirmed the adjudication because the juvenile's proffered evidence concerning the victim's prior sexual conduct was irrelevant to whether he engaged in sexual activity with a child under fourteen. The court also held that the challenge to the juvenile's commitment to the Division of Youth Services was moot, while denying rehearing on the commitment issue.

Holdings

1. The rape-shield statute does not impermissibly supplant the Supreme Court of Arkansas's rule-making power or violate separation of powers.
2. Arkansas's rape-shield statute is inapplicable to juvenile-delinquency proceedings because the statute applies by its terms to a criminal prosecution, and a juvenile-delinquency proceeding is not a criminal prosecution.
3. The juvenile court did not abuse its discretion by excluding evidence of J.H.'s prior sexual conduct because that evidence was irrelevant to whether M.M. engaged in sexual activity with J.H. while she was under fourteen.
4. The challenge to the failure to conduct a risk assessment was moot because M.M. had passed his eighteenth birthday and the record did not show that he was subject to extended juvenile jurisdiction.

Questions Presented

1. Whether Arkansas's rape-shield statute violates the separation-of-powers doctrine by limiting the Supreme Court of Arkansas's authority to prescribe procedural rules.
2. Whether Arkansas's rape-shield statute applies to juvenile-delinquency proceedings.
3. Whether evidence of the victim's prior sexual conduct was relevant and admissible in a prosecution for engaging in sexual activity with a person under fourteen.
4. Whether the issue of the juvenile court's failure to conduct a risk assessment before committing M.M. to the Department of Youth Services was moot.

Disposition

affirmed