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Richardson v. State

Application of Georgia's rape-shield statute to evidence about the victim's non-sexual relationship with her ex-boyfriend violated the defendant's confrontation right.

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Terry Richardson was tried for rape and kidnapping with bodily injury. At trial, he admitted engaging in sexual intercourse with the victim, but claimed that it was consensual. On direct examination, the victim testified that she was walking to an ex-boyfriend’s home to return his jacket when she accepted a ride from Richardson. According to her, he drove to a secluded area and assaulted her. During cross-examination, the defense sought to inquire further about the former boyfriend. The contention was that the victim wanted to rekindle a relationship with him, but his jacket became stained with blood and semen during the voluntary intercourse with Richardson. According to the defense, she then fabricated the rape charge to explain those stains and to prevent the act of consensual sex from hindering a possible reconciliation with her previous boyfriend. The trial court disallowed this cross-examination, finding that it was irrelevant and barred by the rape-shield law. During the trial, Richardson also asked if he could stand behind the jury box. The basis for this request was his assertion that, while seated at the defense table, he was unable to see the witnesses as they testified. The trial court did not allow him to do as he requested.

The jury found Richardson guilty of both offenses. On appeal, he enumerated as error the trial court’s rulings on cross-examination of the victim and the right to confront the witnesses. The Court of Appeals found no merit in either assertion, and affirmed the convictions. Richardson v. State , 256 Ga. App. 322, 323-326 1, 2 568 SE2d 548 2002. We granted certiorari to address the two issues.

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