specially concurring.
I do not conclude that either the legislature or this court can constitutionally deny opportunity to a defendant-petitioner to appeal in post-conviction relief if, by any reasoned inference, constitutional trial error occurred. Appellate review in a criminal case under the rights guaranteed by the Wyoming Constitution should continue as long as any post-conviction relief statute exists, but need not be further pursued at this time since this court did grant certiora-ri and, by that action, removed the preliminary constitutional issue from required or permissive decision.
I agree with the decision to affirm the trial court denial of the post-conviction relief on a simple basis. The determined facts of this rape were admittedly and demonstrably horrible. Nothing in the nature of the victim’s earlier history constituted relevance questioning guilt in consideration of the severity of the crime on the date charged. Undisclosed witnesses or further testimony, all involving character attack, could provide no relevant defense. The law is firm that rape can occur without regard for the reputation or character of the victim and the perpetrator cannot escape criminal responsibility by his trial time attack on the victim’s character.
I would directly dispose of the entire sweep of the ineffectiveness claim by conclusion that no mistake, significant or insignificant, occurred where the subject matter argued by appellant does not constitute any defense to the crime clearly committed. Without any probability of consent to what occurred, the alleged evidence of the appellant lacks appropriate evidentiary function. Annotation, Constitutionality of “Rape Shield" Statute Restricting Use of Evidence of Victim’s Sexual Experiences, 1 A.L.R.4th 283 (1980). To the procedural underpinnings to the decision to affirm conviction stated in Stogner v. State, 674 P.2d 1298 (Wyo.1984), I would add here an equally valid substantive answer to the same effect. The criminal case law is extended with justification for the conviction rendered against this appellant regardless of any present contention that the victim may have had a prior clouded history. People v. Comes, 80 Ill.App.3d 166, 35 Ill.Dec. 818, 399 N.E.2d 1346 (1980); State v. Parsons, 401 N.W.2d 205 (Iowa App. 1986); State v. Redford, 242 Kan. 658, 750 P.2d 1013 (1988); Thomas v. State, 301 Md. 294, 483 A.2d 6 (1984), cert. denied 470 U.S. 1088, 105 S.Ct. 1856, 85 L.Ed.2d 153 (1985). Denial of character evidence about the forcible rape victim cannot in this case, however it may have occurred when inad-missable as it was, create a valid ineffec*1369tiveness issue. Cf. Frias v. State, 722 P.2d 135 (Wyo.1986).