State Ex Rel. Pope v. Superior Court

*30HAYS, Justice

(specially concurring):

I concur with the result reached by the majority opinion, but I cannot approve a procedure which permits evidence of the prosecutrix’ reputation as a prostitute even on the limited issue of consent. In advancing to a more reasonable and logical position by overruling State v. Wood, 59 Ariz. 48, 122 P.2d 416 (1942), we should take a full step rather than mincing toward the final goal. Reputation evidence is questionable evidence at best and should not be given a special standing in the limited field of rape. If it has no place in other offenses, it should not be singled out for this one offense.

I am also unable to concur with the majority’s position which rather vaguely states that the defense may show that “the complaining witness has made unsubstantiated charges of rape in the past.” The reason or logic in carving out such an exception to the rule excluding evidence of the unchastity of the complaining witness in a rape case escapes me.

I concur with the result.