Indiana Supreme Court allows ‘advance consent’ defense to proceed in rape case
INDIANAPOLIS (WISH) — The Indiana Supreme Court will allow a man charged with rape to continue an “advance consent” defense in his case.
The state’s highest court announced on Monday it declined to hear James Frye’s case, allowing a ruling from the Court of Appeals to stand.
Frye faces a trial in Greene County on a charge of rape when the victim is unaware of the defendant’s actions.
Prosecutors charged Frye in February of 2023 after his ex-girlfriend told police she awoke to Frye having sex with her the previous month.
The woman told police she had told Frye the prior day they would no longer have a sexual relationship.
Frye indicated his defense might include evidence of previous times he had woken up the victim with sex with her consent.
A lower court judge blocked Frye’s request to depose her about their shared sexual history. An Indiana Court of Appeals panel overturned that decision, ruling the deposition can take place.
The three-judge panel ruled in July that Frye “should be able to ask (the victim) questions about their shared sexual history to determine whether there is any basis by which he could defend himself from the
charge against him by arguing the alleged acts of Jan. 6, 2023, were consensual.”
Prosecutors objected to the advance consent theory, claiming that “every other State that had occasion to consider it has flatly rejected it as a defense.”
Indiana’s Rape Shield Statute generally prohibits evidence of a victim’s sexual history except in some limited instances of previous sexual contact with the defendant.
Frye is currently in custody in the Greene County Jail.
No trial date has been set.
Help is available for victims of domestic violence. Below is a list of suggested resources on the Domestic Violence Network website:
- Indiana Coalition Against Domestic Violence: 24-hour hotline available at 800-332-7385
- Indiana Coalition to End Sexual Assault and Human Trafficking
- The Julian Center
- Indiana Child Abuse Hotline: 800-800-5556
- National Domestic Violence Hotline: 800-799-7233 or text START to 88788
- National Sexual Assault Hotline: 800-656-4673