Union County Man's 2009 Rape Conviction Overturned

A Union County Man convicted of rape in 2009 will get a new trial after a state appeal court’s “rare,” split decision about the apparent misused use of New Jersey’s “rape shield law”.

Bobby Perry, 35, was sentenced to eight years in prison in 2012 for the alleged rape of a woman who said Perry physically and sexually assaulted her after an argument in his friends home, according to nj.com.

The evidence in question was a third-party semen stain found on the woman‘s shorts soon after she was taken to the hospital.

Even though Perry’s lawyer argued the stain was a key factor in his client’s defense, the trial judge ruled it inadmissible due to the rape shield statute, according to Daily News.