Judd v. Rodman

105 F.3d 1339 (11th Cir. 1997)

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Nature of the Case

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Facts

P alleged she contracted genital herpes following a sexual relationship with D. P sued D for tortious transmission of a sexual disease, battery, fraud, and intentional infliction of emotional distress. During discovery, D asked numerous questions about P's prior sexual history, employment as a nude dancer, and breast augmentation surgery. P filed several motions in limine to exclude evidence of her prior sexual history, employment as a nude dancer, and breast augmentation surgery. D filed a conditional motion under Rule 412(c), arguing that Rule 412 was inapplicable but that, if applicable, the evidence of P's prior sexual history should be admitted under Rule 412(b) because its 'probative value substantially outweighs … the danger of unfair prejudice.' D claimed that P contracted it from someone else and that it could have been dormant for an extended period of time. The trial judge denied P's motions and stated that evidence of nude dancing and breast augmentation surgery, while probably not relevant to liability, could be relevant to damages. At trial, P objected under Rule 412 to admission of evidence of her employment as a nude dancer. The motion was overruled, and P testified on direct examination regarding her nude dancing and previous sexual history. D questioned P regarding her breast augmentation surgery. D objected on the basis of relevancy. The court overruled the motion.