Holloway v. State

In Holloway v. State, 695 S.W.2d 112 (Tex. App. 1985), the court upheld the trial court's right to weigh the credibility of evidence presented at the in camera hearing under Texas' rape shield law. In Holloway, the trial court prohibited the defendant from presenting evidence that the victim was a common prostitute in the neighborhood, which the defendant asserted was relevant to the issue of consent because he claimed he had exchanged sexual activity for money with the victim on the date of the alleged sexual assault. In affirming the trial court, Holloway noted that "while we agree that testimony concerning a prosecutrix's reputation for being a prostitute may be material to a defense of consent, we find the trial judge did not abuse his discretion in excluding the proffered testimony." Id. at 116. Holloway went on to hold that under Texas' rape shield law, the trial judge is the sole judge of the credibility of witnesses.