Michigan v. Sharpe (Opinion - Leave Granted)Annotate this Case
Defendant Lovell Sharpe was charged with two counts of first-degree criminal sexual conduct (CSC), two counts of third-degree CSC, and one count of fourth-degree CSC, based on allegations that he engaged in sexual penetration and conduct with the 14-year-old complainant, DM. Defendant was in a relationship with DM’s mother through early 2015, and he fathered DM’s two halfsiblings. Defendant did not reside with DM’s mother and the three children during his relationship with DM’s mother. At issue in this case was whether the rape-shield statute, MCL 750.520j, precluded the prosecutor from admitting evidence of a complainant’s pregnancy, abortion, and lack of other sexual partners during a criminal-sexual-conduct prosecution. On interlocutory appeal, the Court of Appeals held that evidence of the complainant’s lack of other sexual partners was not subject to the rape-shield statute and was otherwise admissible under the Michigan Rules of Evidence. As to evidence of the complainant’s pregnancy and abortion, the Court held that this evidence fell under the purview of the rape-shield statute but was admissible pursuant to the statute’s exception for evidence of the victim’s past sexual conduct with the actor. The Michigan Supreme Court agreed the entirety of the evidence offered was admissible, but that none of the evidence fell within the scope of the rape-shield statute. Furthermore, the Court held the entirety of the evidence was otherwise admissible under the Michigan Rules of Evidence. Therefore, the Court rejected the Court of Appeals’ reasoning, but affirmed its conclusion that the offered evidence was admissible.