dissenting.
In my view, the trial court correctly disallowed evidence concerning a prior molestation of the victim some two years earlier in the State of Kentucky. The proferred evidence met none of the recognized exceptions to the Indiana Rape Shield statute.
Indiana's Rape Shield statute, IND. CODE § 35-37-4-4 provides, in part:
"(a) In a prosecution for a sex crime as defined in IC 85-42-4:
(1) evidence of the victim's past sexual conduct;
(2) evidence of the past sexual conduct of a witness other than the accused;
(8) opinion evidence of the victim's past sexual conduct;
(4) opinion evidence of the past sexual conduct of a witness other than the accused;
(5) reputation evidence of the victim's past sexual conduct; and
(6) reputation evidence of the past sexual conduct of a witness other than the accused;
may not be admitted, nor may reference be made to this evidence in the presence of the jury, except as provided in this chapter."
The purpose of Indiana's Rape Shield statute is to protect victims of sex crimes from a general inquiry into their sexual history, including any reference to the victim's entire prior sexual history. Thomas v. State (1984), Ind., 471 N.E.2d 681, 683; Lewis v. State (1982), Ind., 440 N.E.2d 1125, 1129, cert. denied (1988) 461 U.S. 915, 103 S.Ct. 1895, 77 L.Ed.2d 284; Skaggs v. State (1982), Ind.App., 488 N.E.2d 301, trans. denied. Evidence of the victim's prior sexual conduct is allowed by statute only in three cases:
"Notwithstanding subsection (a), evidence:
(1) of the victim's or a witness's past sexual conduct with the defendant;
(2) which in a specific instance of sexual activity shows that some person other than the defendant committed the act upon which the prosecution is founded; or
(3) that the victim's pregnancy at the time of trial was not caused by the defendant;
may be introduced if the judge finds, under the procedure provided in subsection (c) of this section, that it is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value."
IC 85-37-4-4(b). In addition, our courts have created a fourth exception: evidence of false accusations of similar sexual misconduct may be admitted as evidence of the victim's credibility if the allegations are demonstrably false. Little v. State (1980), Ind.App., 413 N.E.2d 639, 643.
Indiana's Rape Shield statute repeatedly has been held not to violate a criminal defendant's sixth amendment right to confrontation, absent a showing of actual infringement on his right of cross-examination. Woodford v. State (1986), Ind., 488 N.E.2d 1121, 1126; Thomas v. State (1984), *337Ind., 471 N.E.2d 677, 679. The trial court's exclusion of evidence must not prevent the defendant from conducting a full, adequate, and effective cross-examination. Lagenour v. State (1978), 268 Ind. 441, 444-45, 376 N.E.2d 475, 478.
Saylor cites Wood v. State (1989), Ind. App., 534 N.E.2d 1146, trans. denied, in support of his contention that he was denied the right to effective cross-examination. In Wood, the complaining witness appeared confused as to which "Danny" had molested her. The record indicated that the victim had implicated others for the same acts of molestation alleged against the appellant. At trial, the appel lant attempted to enter evidence that someone other than himself had committed the acts of child molesting. The appellate court held that the trial court erred in applying the Rape Shield statute to exclude the exculpatory evidence because the evidence fell under exception (2); that some person other than the defendant committed the alleged crime. In addition, the other acts in Wood were close in time to those charged against him.
Saylor's reliance on Wood is misplaced. The evidence he offered to prove did not implicate someone else. The evidence does not fall under any other exception to the Indiana Rape Shield statute. No question of mistaken identity was presented. D.R. consistently and unequivocally named Say-lor as the perpetrator of the acts of molestation. Nothing in the record suggests her accusations were demonstrably false. In fact, the evidence Saylor sought to present was precisely that which it is the purpose of the Rape Shield statute to prevent.
Neither was Saylor deprived of full, adequate, and effective cross-examination. His counsel skillfully cross-examined D.R. as to her confusion about dates and times, and her prior statements. Further, evidence of her mental handicap was revealed to the jury. Also, counsel repeatedly presented evidence that D.R. was unhappy living in Indiana with her mother and Say-lor and wanted to return to Kentucky, thereby raising the inference that such might have been the motivation for her accusations. The issue of D.R.'s credibility was fully explored and placed before the jury. The trial court's correct ruling based upon the Rape Shield statute did not, in any way, deprive Saylor of a fair trial.
Further, the Rape Shield statute provides a specific procedure to be followed in the event a defendant or the state seeks to present evidence of other sexual activity of the victim of a sex offense.
"(c) If the defendant or the state proposes to offer evidence described in subsection (b) of this section, the following procedure must be followed:
(1) The defendant or the state shall file a written motion not less than ten [10] days before trial stating that it has an offer of proof concerning evidence described in subsection (b) and its relevancy to the case. This motion shall be accompanied by an affidavit in which the offer of proof is stated.
(2) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, and at the hearing allow the questioning of the victim or witness regarding the offer of proof made by the defendant or the state.
At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant or the state regarding the sexual conduct of the victim or witness is admissible under subsection (b) of this section, the court shall make an order stating what evidence may be introduced by the defendant or the state and the nature of the questions to be permitted. The defendant or the state may then offer evidence under the order of the court.
(d) If new information is discovered within ten [10] days before trial or during the course of the trial that might make evidence described in subsection (b) of this [section] admissible, the judge shall order a hearing out of the presence of the jury to determine whether the proposed evidence is admissible under this chapter."
1.C. § 85-87-4-4.
The record does not disclose any attempt at compliance with the foregoing statutory *338provisions by Saylor. Having failed to invoke the statutory procedures relative to the admission of such evidence, Saylor cannot complain of its exclusion.
For the reasons stated, I respectfully dissent.