Turner v. State, 312 Ga. App. 315

Turner was convicted by a jury of rape.
Turner lived with his 16-year-old daughter, M.T., who hosted two other 16-year-old girls including the victim.
The teens consumed alcohol; Turner provided margaritas, vodka, and allegedly marijuana.
The victim became ill and unconscious at Turner's home; she later awoke naked in Turner's bathroom and then in his bed as Turner engaged in sexual activity with her.
The victim testified to non-consensual intercourse; Turner claimed consent and argued intoxication and coercion affected consent.
Turner sought to introduce two categories of evidence: (a) statements the victim allegedly made to Turner; (b) a MySpace post by M.T. about the victim; the trial court denied these under the Rape Shield Statute.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Rape Shield—admissibility of victim statements.	Turner sought to admit victim statements for consent defense.	Statements are exceptions under OCGA § 24-2-3.	Exclusion affirmed; statements not within exceptions.
Cross-examination about MySpace post.	M.T. should be cross-examined to explain the post and rehabilitate her credibility.	Post concerns past sexual behavior; protected by Rape Shield.	Cross-examination excluded; shield prevails.
Standard of review for evidentiary rulings.	Trial court abused discretion in excluding sought evidence.	Court properly applied Rape Shield and Rule of Evidence.	Court did not abuse discretion; rulings affirmed.

Smith v. State, 294 Ga.App. 692 (2008) (rape shield limits on prior sexual behavior evidence)
Davis v. State, 235 Ga.App. 362 (1998) (exclusion reviewed for abuse of discretion under Rape Shield)
Myers v. State, 160 Ga.App. 685 (1981) (prior sexual behavior testimony restricted under shield)
Brown v. State, 260 Ga.App. 77 (2003) (testimony about victim's sex life is barred by shield)
Logan v. State, 212 Ga.App. 734 (1994) (rape shield supersedes other exceptions)