The character of the parties in other transactions is generally not relevant. O.C.G.A. § 24-2-2; Askew v. State, 310 Ga. App. 746 (2011). Therefore, evidence of drug use by the alleged victim is inadmissible when it is intended only to impugn the alleged victim's character. Robinson v. State, 272 Ga. 131 (2000); James v. State, 270 Ga. 675 (1999). Likewise, the immigration status of a witness is generally not relevant. Salazar v. State, 314 Ga. App. 83 (2012); Sandavol v. State, 264 Ga. 199 (1994).
The Rape Shield Statute excludes evidence relating to the past sexual behavior of the complaining witness. O.C.G.A. § 24-2-3 (b); See Appendix A, HB 24, O.C.G.A. § 24-4-412; Turner v. State, 312 Ga. App. 315 (2011). However, evidence relating to the past sexual behavior of the complaining witness may be introduced if the judge finds that the past sexual behavior directly involved the participation of the defendant and finds that the evidence expected to be introduced supports an inference that the defendant could have reasonably believed that the complaining witness consented to the conduct complained of in the prosecution. There are other exceptions to the Rape Shield Statute that allow for such testimony when evidence of the alleged victim's sexual activity is relevant to an issue other than consent. Tidwell v. State, 306 Ga. App. 307 (2010). Among the exceptions are: (1) to show that someone other than the defendant caused the injuries to a child; (2) to show lack of victim credibility if the alleged victim's prior allegations of molestation were false; and (3) to show other possible causes for the symptoms exhibited.