Georgia’s Court of Appeals Explains Exceptions to Rape Shield Statute

Evans County Superior Court convicted Randy Morgan, Jr. of child molestation against his stepdaughter. She had made this allegation previously, but her claim was deemed false. Mr. Morgan expected that information to be used as evidence in his case but was denied under the Rape Shield Statute that prohibits the admission of the complainant’s past sexual behavior with certain exceptions, a false allegation being one of those exceptions. The trial court determined that “there was not a reasonable probability that the accusation had actually been false” and denied Mr. Morgan’s motion for a new trial.

The Appeals Court reviewed Mr. Morgan’s case and supported the trial court’s decision in excluding his stepdaughter’s prior allegation. The Court also agreed with the lower court’s decision to omit the stepdaughter’s prescription drug use because Mr. Morgan could not locate a suitable expert witness to opine on the use of the drugs. The Court of Appeals affirmed Mr. Morgan’s child molestation conviction