Because our decision to sustain point one resolves this complaint, we do not reach point two. The court of appeals was not called upon to determine whether the evidence offered by appellant was sufficient to establish prior promiscuity on the part of M. Similarly, under section Therefore, we find that the trial court abused its discretion by refusing to allow Johnson to cross-examine S. For example, in the Corpus Christi Court's definition, "indiscriminate grant of physical favors. The courts generally agree that sexual activity with a single partner is not promiscuity as a matter of law.
We will, of course, consider only whether the evidence was relevant on the defensive issue of promiscuity, not whether the evidence established promiscuity. When you had sex with them, were you just giving your body to them without any feeling? The difficulty with these definitions is the questions they leave unanswered. The only one that we can construe to complain that Timmons' testimony was a direct opinion about the truthfulness of the victim was as follows: The court excluded evidence relevant to the promiscuity defense provided by section Because the court refused to allow evidence of this defensive theory, the theory was absent from the jury's deliberations. Under the rules of evidence, the issue is one of relevancy. Here, however, the victim admitted that she had had sexual intercourse with two partners. What does the statute mean by "promiscuously"? Therefore, we find that the trial court abused its discretion by refusing to allow Johnson to cross-examine S. Could you see anything [S. Because the circumstances in which the promiscuity defense may arise vary so greatly, and, as we have seen, there is no unanimity about the meaning of "promiscuity," we can understand why the Legislature elected not to define the term but to leave its meaning to the wisdom of the jury. Does a child's undisputed profession of love entirely negate the promiscuity defense? What type of things do you look for, and I guess, because you have such a broad background, but let's go from thirteen on up, teenage years, what type of things would you look for with a child who had been sexually abused[? Expert testimony regarding the truthfulness of a particular witness is inadmissible under Rule of Criminal Evidence Even assuming arguendo that Johnson's original objection was sufficient to make the court aware of his complaint, because he subsequently failed to object to testimony regarding the truthfulness of the victim on three separate occasions, we find that he failed to preserve his complaint for our review. Several dictionary definitions of the word "promiscuously" and its derivatives are also available. To be sure, the term is not so technical and complex that it has become a legal term of art which requires a definition from the trial court. No, because not only am I an advocate for victims, but I'm an advocate for what's right and wrong also. Under the State's rationale, a victim's admission of having sexual intercourse with an infinite number of partners would, by itself, be no evidence of promiscuity as long as the victim claimed to have been in love with each of her partners. The credibility and weight to be given to this evidence were for the jury, not the court. And one of the things that became clear to me in working with adolescents in general, that their peer relationships are very important, and [S. Moreover, we think that an element of continuing conduct extending over a reasonable period of time is implicit in the concept of promiscuity. Because our decision to sustain point one resolves this complaint, we do not reach point two. Austin , rev'd, S.
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