United States v. Plater

72 F.3d 806 (10th Cir. 1995)

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Nature of the Case

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Facts

Susan Francis was raped by a security guard, Platero (D), employed by Gallup Security Service when D faked a DWI arrest against Susan and another coworker. D claimed that the incident never happened as it occurred outside the presence of Susan's coworker, but D did claim that the sex was consensual. D was charged with aggravated sexual assault. During trial D filed a motion under Rule 412(b)(1) to introduce evidence of Susan's alleged past sexual behavior; the theory was that Susan was having sexual relations with her coworker and that she had a motive to fabricate the rape story to protect her relations with that coworker. The evidence was excluded as there was uncertainty over the fact that Susan and her coworker were having relations at the time of the rape. D appealed and on remand, the evidence was reevaluated, and it was found that there was no sexual relationship between Susan and her coworker at the time of the rape and D's conviction for the crimes was affirmed. D appealed; on grounds that the jury and not the judge should have decided the issue and that his Sixth Amendment rights were violated in that he was not permitted to confront and cross-examine Susan on these issues.