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High Court Orders New Trial for Nebraska Man Convicted of Rape

ne-supreme-courtOMAHA, Neb. (AP) — The Nebraska Supreme Court has ordered a new trial for a Lincoln man convicted of attempted sexual assault, saying the trial judge wrongly applied Nebraska’s rape shield law when he refused to allow the alleged victim to be questioned about her relationship with another woman.

The decision Friday came in the case of Curtis Lavalleur, who appealed his 2013 conviction.

Lavalleur’s attorney sought to cross-examine the woman Lavalleur was accused of assaulting about her relationship, saying he wanted to establish a motive for her to falsely report that she had not consented to sexual activities with Lavalleur.

On appeal, Lavalleur argued that evidence of an intimate relationship, by itself, is not within the scope of Nebraska’s rape shield law.

The high court agreed and ordered a new trial.

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