Defendant
is charged with various criminal sexual conduct offenses. The prosecutor filed
a pretrial motion to admit evidence that the 14-year-old complainant became
pregnant, had no sexual partners other than defendant, and had an abortion. The
trial court held that evidence of the complainant’s pregnancy is admissible,
but the other evidence is not. The prosecutor sought interlocutory leave to
appeal and defendant filed a cross-appeal. The Court of Appeals granted leave
to appeal and, in a published opinion, affirmed in part and reversed in part,
holding that all of the evidence is admissible. The Supreme Court has granted
defendant’s application for appeal to address: (1) whether evidence related to
the complainant’s pregnancy, abortion, and lack of other sexual partners was
within the scope of the rape-shield statute, MCL 750.520j(1), i.e., whether it
constituted “[e]vidence of specific instances of the victim’s sexual conduct,
opinion evidence of the victim’s sexual conduct, [or] reputation evidence of
the victim’s sexual conduct . . .”; (2) if the evidence was
within the scope of the rape-shield statute, whether it was nonetheless
admissible under one of the exceptions in MCL 750.520j(1); and (3) if the
evidence was not within the scope of the rape-shield statute, whether it was
admissible under general rules governing the admissibility of evidence, see MRE
402 and MRE 403.