Allen v. State (1985)
In Allen v. State, 700 S.W.2d 924 (Tex. Crim. App. 1985), the Texas Court of Criminal Appeals determined that the rape shield statute was constitutional on its face and as applied to Allen, who argued that the rape shield statute violated his right to confront adverse witnesses. 700 S.W.2d at 932.
In so holding, the court stated:
"The constitutional right to confront adverse witnesses is fundamental and is of such importance that a State's interest in protecting a certain class of witnesses from embarrassment must fall before the right of confrontation and cross-examination. Thus a statute that purports to prohibit completely the introduction of the victim's consensual sexual activity with persons other than the defendant is unconstitutional unless given a judicial gloss requiring a hearing out of the jury's presence so that the defendant, upon motion, may be given an opportunity to demonstrate that due process requires the admission of such evidence because probative value in the context of that particular case outweighs its prejudicial effect on the prosecutrix." Id.