This section contains the nature of the case and procedural background.

D, a thirteen-year-old male, was charged with 'knowingly subjecting to sexual penetration a 19-year-old mentally retarded girl, who is mentally defective, mentally incapacitated or physically helpless. The victim was a nineteen-year-old female who had graduated from Kahuku High School the previous year. She worked at the Kaneohe Goodwill Store, color-coding clothes for sale, and had recently moved back to Hau'ula to live with her father and stepmother. She had known D since she was in high school. D and the victim had sex, and D was charged under the statute. At trial, D sought to introduce evidence that the victim had a relationship with a 40-year-old man and was also on birth control. The trial court ruled such evidence inadmissible under rape shield. D was convicted and appealed.

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