Nature of the Case
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Facts
K.D. claimed that her uncle, D, put his hands around her neck and forcibly raped her. D was charged with first-degree rape of K.D. The jury found D not guilty of first-degree rape but could not reach an agreement on the lesser offense of second-degree rape. The prosecutor amended the charge to second-degree rape and alleged the aggravating circumstance of the use of a position of trust to facilitate the commission of the crime. D was tried a second time. D wished to testify that on the night of the incident, K.D. used alcohol and cocaine and engaged in consensual sex not only with D but also with two other men. D and K.D. went to the King City Truck Stop where they met two men and one woman and during a nine-hour alcohol- and cocaine-fueled sex party the two women danced for money and engaged in consensual sexual intercourse with all three males. The court held that evidence of the sex party was offered for the purpose of attacking the victim's credibility and was barred by the rape shield statute. D objected contending the ruling prevented him from exercising his right to confrontation and his right to present a defense. D and the Court of Appeals affirmed the conviction. D appealed.
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