In a decision earlier this year, the New Mexico Court of Appeals held in State v. Montoya that a defendant's Confrontation Clause rights were not violated when the lower court prevented him from questioning the victim about their prior sexual history together.
State v. Montoya presented an interesting set of undisputed facts. The defendant and the victim were in an altercation that turned physical. He was subsequently convicted of several charges including kidnapping and aggravated battery. The only dispute in the case was over the defendant's intent. The defendant claimed his actions were not intended to harm the victim but to initiate "make-up sex" which the couple often engaged in after an argument.
During the trial, the defendant tried to introduce evidence of their sexual relationship--including their tendency to use sexual relations as a dispute resolution technique--to show its influence on his state of mind at the time of the incident. Relying on New Mexico's Rape Shield Rule, the court denied his motion to introduce the evidence.