The Singles Scene

 

D and V met at a singles bar and after a few drinks went to V's apartment, where they engaged in sexual intercourse. D claims that V consented but that they had a fight later and V then threw him out. D admits hitting V during the fight. V claims that she invited D for coffee and that he hit and raped her. D seeks to prove that V regularly met men in singles bars, invited them to her apartment, and had consensual sexual relations with them. Admissible?

 

It is difficult to frame any argument for admission of the evidence in Problem IV-28. D's theory is based purely on V's purported propensity to meet men in singles bars and have consensual sex with them. Although D might disclaim any intention to put V on trial or impugn her morals, is the defense theory based on anything other than V's general sexual character? However, in a pre-Rule 412 situation, the defendant would have been permitted to offer such proof because the propensity rule is a one-way ratchet protecting defendants.


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