State v. Nowlin

Summary

The New Hampshire Supreme Court affirmed Richard Nowlin’s convictions for three counts of aggravated felonious sexual assault. The court held that the trial court properly barred the defendant from arguing that the victim’s manner of dress implied consent under New Hampshire’s rape shield statute, because the victim’s contemporaneous conduct indicated a lack of consent and the dress was not probative on that issue.

Holdings

1. RSA 632-A:6, III-a generally bars admission of a victim's manner of dress to infer consent in a sexual-assault prosecution, because the evidence has no demonstrated probative value on consent.
2. Due process did not require permitting the defendant to argue an inference of consent from the victim's manner of dress because he failed to show that the dress was so interrelated with contemporaneous conduct that it constituted evidence helpful to the defense.

Questions Presented

1. Whether the Superior Court erred by denying the defendant the opportunity to argue an inference of consent from the victim's manner of dress.
2. Whether due process required allowing the defendant to use the victim's manner of dress on the issue of consent under the circumstances of this case.

Disposition

affirmed