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Trial scheduled for Mitchell man accused of rape

A Mitchell man scheduled to stand trial next week for raping a 14-year-old girl earlier this year will not be allowed to cross-examine the victim about previous sexual acts, according to court documents.

A Mitchell man scheduled to stand trial next week for raping a 14-year-old girl earlier this year will not be allowed to cross-examine the victim about previous sexual acts, according to court documents.

Kristopher Aslesen, 31, is charged with fourth-degree rape, which means the alleged victim was between 13 and 16 years old and the perpetrator is more than three years older than the victim. The charge carries a maximum penalty upon conviction of 15 years in prison and a $30,000 fine. The trial is scheduled to begin Tuesday and run three days.

According to court documents, Aslesen is accused of meeting the victim on a website and later having sex with her in the back of a semi-truck. Earlier this week, Judge Tim Bjorkman denied Aslesen's motion to allow cross-examination of the victim regarding her previous sexual acts.

"(The victim's) sexual history has no bearing on the elements the state must prove to obtain a conviction," Bjorkman wrote in his decision. "Any evidence pertaining to potential other perpetrators does not weigh on the defendant's guilt or innocence and does not disproportionately or unconstitutionally limit the defendant's right to cross examine."

Bjorkman noted that not allowing this testimony doesn't violate Aslesen's "constitutional right to introduce evidence in his defense."

Related Topics: CRIME
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