Stephens v. Miller

13 F.3d 998 (7th Cir.)

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Nature of the Case

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Facts

The events of that evening began after D, and David Stone finished drinking. Stone drove D to Wilburn's trailer and dropped him off. D and Wilburn knew each other as casual acquaintances. Wilburn was asleep on the couch when D arrived, and her sister and brother-in-law were asleep in the guest room. Wilburn's son and nephew were asleep in another bedroom. She awoke and found D standing in front of the door inside the trailer. D sat down and attempted to kiss her. Wilburn told D of the others who were asleep in the trailer and called out for her sister. D hesitated but continued his advances. Wilburn yelled again, but her sister again did not respond. D went to the bathroom and, when he returned, angrily told Wilburn that she lied to him about the others being in the trailer. He threw her down on the couch and covered her mouth with his hand to prevent her from screaming. D undid her bra and tore a button from her shirt. D reached down to undo his pants. Wilburn pushed D off of her and ran screaming into the bedroom occupied by her sister and brother-in-law. D ran out the door to the nearby home of his friends, Jeff and Lisa Strait. D told the Straits and the police that he had been at a local Pic a Pac Store. D told Stone to say the same thing. Stone repeated the Pic a Pac story, but then admitted on cross-examination that he dropped D off at Wilburn's trailer. Stone also admitted that he told the story on directions from D. D claimed that Wilburn invited him into her trailer after Stone dropped him off. Wilburn's son was asleep on the couch. D carried him to one of the bedrooms and Wilburn explained that her sister, brother-in-law, and their child were also asleep in the bedroom. All three slept through D's visit to the trailer. Wilburn told D he could kiss her. They ended up on the floor as two consenting adults engaged in sexual intercourse. D stated in an offer of proof that the two of them were 'doing it doggy fashion' when he said to her 'don't you like it like this? . . . Tim Hall said you did.' D also asserted that he said something to Wilburn about 'switching partners.' The trial court excluded these statements pursuant to the Rape Shield Statute. The court let D tell the jury that he said something that angered Wilburn enough to fabricate an attempted rape charger. D was convicted and petitioned for a writ of habeas corpus. The district court denied it, and D appealed.