State of Arkansas v. Harry Butler

Fayetteville, Arkansas criminal defense lawyer represented the Defendant charged with rape.

In 2021, Butler was arrested and charged with one count of rape and two counts of second-degree sexual assault. Butler filed two pretrial motions. The first was a motion in limine to prevent the State from referring to two of its witnesses as "victims," the second was a motion to admit evidence pursuant to the rape-shield law, codified at Arkansas Code Annotated section 16-42-101 (Supp. 2023).



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CRIMINAL LAW. RAPE-SHIELD STATUTE. The court considered whether evidence of a prior interview two years before the current allegations, where the victim denied sexual abuse, was admissible under the rape-shield statute, ultimately determining that its exclusion was not an abuse of discretion because the evidence's prejudicial impact outweighed its probative value.



CRIMINAL LAW. VOIR DIRE RESTRICTIONS. The court assessed whether the defendant's rights were violated when the trial court prohibited specific discussions of sentencing options during voir dire, concluding there was no reversible error due to lack of demonstrated prejudice as the sentencing fell within allowable ranges.



CRIMINAL LAW. USE OF TERM "VICTIM." The appellate court examined whether the lower court abused its discretion by allowing the prosecution to refer to complainants as "victims," ruling no reversible error occurred due to the defense's failure to pursue a cautionary instruction offered by the trial judge.



Key Phrases Rape-shield statute. Inconsistent statements. Sentencing range. Voir dire restrictions. Victim terminology.

Affirmed