Lewis v. Wilkinson

Facts

The Defendant and the victim became acquainted as college students at the University of Akron. On the night in question, the victim invited the Defendant to her dormitory room. After he arrived, they watched television and spoke with another student, Keryn Mayback (Mayback). After Mayback left, the Defendant and the victim were alone in the victim’s dorm room. At some point, the Defendant got up and turned off the lights in the room. The Defendant and the victim then had sexual intercourse. According to the victim, she did not consent and the Defendant forcibly had sex with her. The Defendant claims that the whole encounter was completely consensual. Prior to trial, the Defendant received, via mail, copies of several pages of the victim’s diary. In said diary, the victim had written, “I can’t believe the trial’s only a week away. I feel guilty (sort of) for trying to get Nate locked up, but his lack of respect for women is terrible. I remember how disrespectful he always was t o all of us girls in the courtyard . . . he thinks females are a bunch of sex objects! And he’s such a player! He was trying to get with Holly and me, and all the while he had a girlfriend. I think I pounced on Nate because he was the last straw. That, and because I’ve always seemed to need some drama in my life. Otherwise I get bored. That definitely needs to change. I’m sick of men taking advantage of me . . . and I’m sick of myself for giving in to them. I’m not a nympho like all those guys think. I’m just not strong enough to say no to them. I’m tired of being a whore. This is where it ends.” Citing the rape shield law, the trial court substantially precluded the introduction of certain language from the pages. A jury convicted the Defendant of rape.