Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Adu, 195 N.C. App. 269 (Feb. 3, 2009)
In a child sex case, the defendant proffered evidence of a third person’s sexual abuse of the victim as an alternative explanation for the victim’s physical trauma. The trial judge properly excluded this evidence under Rule 412(b)(2) because it did not show that the third person’s abuse involved penetration and thus an alternative explanation for the trauma to the victim’s vaginal area.