In Re the People of the State of Colorado, Plaintiff v. Craig Dumene Williamson, Defendant

Summary

The court held that solicitation of prostitution from an undercover police officer constitutes "sexual conduct" protected by Colorado's Rape Shield Statute, even when no sexual contact or intercourse occurred. Because the trial court incorrectly treated the evidence as outside the statute and admitted it under CRE 404(b), the court made the rule absolute and remanded for the statutorily required in camera hearing. The court also held that a separate CRE 404(b) analysis was unnecessary because the statute's relevance inquiry encompasses the relevant admissibility considerations.