State of Arkansas, Appellant v. Miguel Cossio, Appellee — Hart, J., Dissenting

Summary

Justice Hart, dissenting, would hold that the July 8 lap-dance activity was not "sexual conduct" under the rape-shield statute because there was no penetration and no evidence that the touching was undertaken for sexual gratification. She would therefore conclude that the circuit court applied the statute in error, while recognizing that the excluded evidence could not be restored because Cossio filed no cross-appeal. Justice Baker, dissenting separately, would affirm because the State failed to argue below that the lap dances constituted prior sexual conduct under the statute.