<em>State v. Colburn</em>: Montana’s Rape Shield Law and the Rights of an Accused Under the Montana Constitution

In State v. Colburn, the Montana Supreme Court applied a balancing test to determine if evidence of prior abuse of a victim, to prove fabrication and an alternate source of knowledge, was improperly excluded under Montana’s rape shield law. Because Colburn’s right to confrontation is fundamental under the Montana Constitution, however, the correct test is strict scrutiny. Further, the exclusion of the evidence was proper because it meets strict scrutiny.