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Doe v. United States | 666 F.2d 43 (1981)
When a federal criminal defendant’s charged with a sexual-assault offense, what evidence, if any, about the alleged victim’s sexual history or reputation’s admissible at trial? The United States Court of Appeals for the Fourth Circuit addressed this issue in Doe versus United States.
A federal grand jury charged Donald Black with rape of a victim known as F. Doe. Pursuant to Federal Rule of Criminal Procedure 412, Black moved before trial to offer various types of evidence concerning Doe’s sexual history and her reputation for promiscuity in support his defense that he had believed at the time of his sexual act that Doe had consented. That evidence included:
· testimony of witnesses about Doe’s reputation for being sexually promiscuous with other soldiers at the U. S. Army post where Black resided;
·evidence of Doe’s habit of telephoning other soldiers to arrange for encounters and actually coming to the barracks to meet soldiers;
·testimony of the Doe’s former landlord regarding his experience with Doe’s alleged promiscuous behavior;
·testimony of a social worker concerning her investigation of Doe’s promiscuous behavior;
· a sexually oriented love letter that Doe had written to another soldier that Black had seen before his encounter with Doe;
·Black’s testimony about his telephone conversations with Doe planning their meeting; and
·Black’s testimony about his state of mind at the time of the alleged offense based on what he then knew about Doe’s reputation for being promiscuous and what Doe had said to him.
The federal district court granted Black’s motion, thus permitting him to offer all that evidence at his trial. Doe objected to the court’s ruling.
On Doe’s appeal of the district court’s ruling at the pretrial hearing in Black’s case.
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