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Abstract: 

Our regular review of important court decisions focuses on cases in which sexual assault and domestic violence intersect, including State v. Malcolm (S.D. 2023), which held “advance consent” in defense to rape is not a valid legal principle; State v. Whaley (Ohio Ct. App. 2023), affirming rape and domestic violence convictions where previous consensual strangulation did not establish consent; Commonwealth v. Gardner (Mass. Ct. App. 2023), in which convictions were affirmed for rape, assault, and intimidation of a witness following years of abuse and pressure to recant and assert marital privilege; State v. Salazar (N.M. Ct. App. 2022), which a conviction for kidnapping was reversed where rape shield statute was improperly used to prevent cross-examination of victim regarding nature of relationship with offender; Kreusel v. State (Wyo. 2023), in which convictions affirmed where evidence found in husband’s journals was properly admitted.

Keywords: “Advance Consent”; Intimidation of a Witness; Marital Rape; Rape Shield Statutes and Parameters of Permissible Questioning

Affiliations:  1: Contributing Editor; 2: Associate Editor.