State v. Smith

Supreme Court of Louisiana · 1999 · Evidence

743 So. 2d 199 (La. 1999)

Updated August 22, 2026

EvidenceImpeachmentRape shieldLa. C.E. art. 412credibilityprior false allegationssexual assaultLa. C.E. art. 607

Facts

The victim accused defendant, her grandmother's husband, of inappropriate touching over several years, and there was no physical evidence, so the case turned entirely on her credibility. During trial, defense counsel sought to introduce evidence that the victim had accused her cousin of molesting her and then allegedly said she was joking. The State invoked La. C.E. art. 412, and the trial judge conducted an Article 412 hearing outside the jury's presence. After hearing testimony from the victim, her mother, and cousin M.S., the judge found no prior false allegations and barred the evidence.

Issue

When a defendant in a sexual assault-related prosecution seeks to introduce evidence that the victim previously made false allegations of molestation, does La. C.E. art. 412 apply so that the trial judge must decide the falsity question in an Article 412 hearing? If not, what admissibility standard governs?

Rule

Evidence that a victim previously made false allegations of sexual assault is not evidence of the victim's past sexual behavior within the meaning of La. C.E. art. 412. When a defendant offers such evidence for impeachment, the trial court should determine whether reasonable jurors could find, based on the defendant's evidence, that the victim made prior false accusations, and the evidence remains subject to other applicable Code of Evidence provisions.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In a prosecution in Baton Rouge for molestation of a 13-year-old, the defense seeks to call Noah Briggs, who would testify that the complainant previously accused a neighbor of sexual touching and later told Noah, "I made it up because I was mad at him." The prosecutor argues the testimony is categorically barred by Louisiana's rape shield rule because it concerns another incident of alleged sexual conduct.

How should the trial court rule on the prosecutor's rape shield objection?

Explanation. The majority held that prior false allegations of sexual assault offered for impeachment concern credibility, not the victim's past sexual behavior. Article 412 therefore does not apply on that basis. The court rejected treating such evidence as rape-shield evidence simply because the subject matter involves sexual conduct.