State v. JacobsÂ, 252 N.C. App. 402

Defendant John Owen Jacobs (father) was indicted for first-degree rape of a child and first-degree sex offense with a child after his daughter (“Betty,” then 13) reported repeated sexual activity by her father.
School report led to medical exam; the victim tested positive for trichomonas vaginalis and herpes simplex virus Type II.
Sheriff obtained a warrant and defendant provided blood samples (negative for trichomonas and HSV-2) before indictment.
The State moved in limine under N.C. R. Evid. 412 to exclude evidence of the victim’s sexual history and any reference to STDs; the trial court excluded the STD evidence before opening statements.
A jury convicted defendant of first-degree sex offense with a child (other rape charges deadlocked); defendant appealed, arguing exclusion of STD evidence violated his right to present a defense and was improper under Rule 412.

Issue	Plaintiff's Argument (State)	Defendant's Argument	Held
Whether exclusion of STD evidence violated defendant’s constitutional right to present a defense	Defendant did not preserve a constitutional claim at trial; constitutional arguments raised first on appeal are waived	Excluding evidence that the victim had STDs (and that defendant did not) prevented him from presenting an exculpatory alternative explanation	Waived: defendant failed to raise constitutional claim at trial, so appellate consideration is barred
Whether evidence the victim had STDs (and defendant did not) is admissible under Rule 412	Evidence of STDs is evidence of prior sexual behavior and falls within Rule 412’s prohibition; absence of STDs in defendant is irrelevant without proving victim had STDs	STD evidence would make it less likely defendant had sex with victim and suggest third-party sexual contact; thus admissible under Rule 412(b)(2) as specific-instance evidence explaining medical findings	The presence of an STD denotes past sexual behavior and implicates Rule 412; the proffer did not provide a permissible specific-instance alternative tying the STD to another person, so the trial court properly excluded the evidence

State v. Ollis, 348 S.E.2d 777 (1986) (medical findings can be explained by specific-instance prior sexual conduct admissible under Rule 412(b)(2))
State v. Guthrie, 428 S.E.2d 853 (1993) (Rule 412 generally bars complainant’s sexual behavior unless it fits enumerated exceptions)
State v. Rorie, 776 S.E.2d 338 (2015) (pornography viewing not "sexual activity" under Rule 412)
State v. Younger, 295 S.E.2d 453 (1982) (legislative purpose of rape-shield rules: protect witness from humiliation and jury from prejudicial, low-probative evidence)
State v. Ozuna, 316 P.3d 109 (2013) (outside authority holding STD evidence falls within rape-shield protections as prior sexual behavior)