State v. Cassidy

Facts

The victim claimed she was sexually assaulted by the defendant on February 20, 1983. The victim previously engaged in sexual relations with the defendant prior to the incident. The victim saw the defendant at a bar on the evening of the incident, and went home with him. The victim willingly undressed and got into the defendant’s bed. The victim claims the defendant then forced her to have sex, yelled at her, and abused her. He told her to leave and he threatened to kill her if she called police. The victim left, flagged down a police car, and was taken to a hospital to be treated for injuries. The defendant claimed the victim consented, requested to be tied up, and eventually started acting hysterically, swinging at him, and slapping him. He also claimed she screamed about her husband who was killed in Vietnam. Prior to trial, the defendant moved to offer evidence of the victim’s prior sexual conduct. The district court permitted evidence relating to prior sexual conduct between the victim and the defendant, but did not allow evidence of a sexual encounter with a different man. The witness would have testified that the victim started screaming about her husband who was killed in Vietnam after they had sex. The trial court excluded the evidence because there was not an offer of proof by the defendant that the victim made a prior false complaint of sexual assault. The defendant claimed the evidence should be allowed as it shows a pattern of conduct, is highly relevant, and essential to the defense. He claims not allowing the evidence violated his constitutional right of confrontation under the United States Constitution (“Constitution”).