While the outcome in the case illustrated above turned out favorable for the defendant
, what would the consequences of such a ruling have been if the outcome had been different? Had the jury found the defendant guilty of sex assault on a child in this case, a sentence of ten years in prison and up to the remainder of the defendant's life would have been imposed. Could the jury have found the defendant guilty at least partially as a result of the very same concerns that the attorneys at Frankfurt & Trani had prior to trial about the girl's precocious knowledge? It is situations such as this where the rape shield laws have gone too far. Judges throughout Colorado are sacrificing a defendant's Constitutional rights to due process, to confront witnesses, and to present a complete defense in order to spare alleged victim's the embarrassment of having to confront a history of sexual conduct that in many cases is very relevant to very serious charges against defendants. While the rape shield law is a necessary component to our criminal justice system, judges must learn to properly apply the law's intent while maintaining the integrity of a defendant's right to a fair trial.