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State v. DeLawder, 344 A.2d 446 (1975)
The Sixth Amendment Confrontation Clause protects criminal defendants’ right to confront their accusers, including the right to cross-examine witnesses. In State versus DeLawder, the court considered what kinds of questions a defendant can ask an accuser on cross-examination.
Lee Franklin DeLawder was charged with carnal knowledge of a female under the age of fourteen, a crime that’s equivalent to statutory rape. At trial, DeLawder planned to discredit his accuser by presenting evidence that, at the time of the alleged assault, the girl had already voluntarily engaged in sex with other men and thought she was pregnant. DeLawder planned to argue that the girl falsely accused him of rape because she was afraid to tell her mother that she might be pregnant. The trial court sustained the prosecution’s objections to questions concerning the girl’s sexual history. DeLawder was convicted and sentenced to fifteen years in prison, and his conviction was affirmed on direct appeal. DeLawder subsequently filed a petition for post-conviction relief. The trial court denied the petition, but the court of appeals remanded the case. On remand, a new trial was ordered, and the state appealed to the Maryland Court of Special Appeals.
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