A judge agreed Friday that a motion to prohibit a defense attorney from referring to the sexual history of an alleged rape victim was premature.

Sarpy County District Judge David Arterburn reached the conclusion after the attorney for the defendant, Nebraska football player Andy Christensen, said he was unaware, so far, of any information about the woman’s past sexual behavior that would be material to the case.

Christensen, 21, is charged with first-degree sexual assault, resisting arrest and criminal mischief arising from an incident in a downtown Lincoln bar this year.

According to police reports, Christensen approached the woman, 23, inside the Brass Rail, reached up under her skirt from behind and groped her late March 7 or early March 8.

Police went to the bar at about 12:35 a.m. on March 8, and arrested Christensen. Authorities said Christensen resisted attempts to handcuff him and put him in a police vehicle.

The trial is set for August in Lancaster County District Court. Arterburn is hearing the case because Lancaster County District judges have professional relationships with a relative of a person closely involved in the case.

At the hearing Friday, Arterburn considered a motion filed by the Lancaster County Attorney’s office that would prohibit defense attorney Bob Creager from referring to the woman’s past sexual behavior during jury selection, at trial, or during opening or closing statements.

As Christensen, seated next to the attorney looked on, Creager told the judge and deputy Lancaster County Attorney Matt Acton that, at this point, he had no evidence that would be subject to the prohibition.

“My suggestion, deem it moot or premature, since I have no evidence at this point,” Creager said.

Under state law, Creager would have to file a notice of his intent to use such evidence no later than 15 days before trial. Such a notice would trigger a hearing, in the judge’s chambers, to determine if the evidence should be admitted at trial.

Evidence about an alleged victim’s past sexual behavior is admissible in Nebraska courts only under certain limited circumstances.

Reach Clarence Mabin at 473-7234 or cmabin@journalstar.com.