dissenting.
I must respectfully dissent, because I believe that the trial court properly disallowed the proffered cross-examination testimony of the expert witness.
The appellant sought to cross-examine the expert witness on the sexual mores of the victim’s family. As found by the trial court, such evidence of sexual mores contrary to the community standards is prohibited by OCGA § 24-2-3, unless (1) the evidence showed that the past behavior directly involved the defendant or (2) the evidence supported an inference that the defendant could reasonably have believed that the victim consented to the conduct complained of in the prosecution. The evidence of the sexual mores of the victim’s family here did not directly involve the appellant, and the victim, who was 11 years old, could in no event consent to the sexual attack complained of in the prosecution. Under these circumstances the trial court correctly concluded that the proferred evidence was inadmissible. Nothing in Chastain v. State, 257 Ga. 54 (354 SE2d 421) (1987), is contrary to that conclusion.
Furthermore, even if the proferred evidence should have been admitted, the error was harmless, as the evidence of the acts of rape, sodomy, and child molestation was overwhelming. The appellant’s convictions should be affirmed.
I am authorized to state that Presiding Judge McMurray joins in this dissent.