Doe v. United States
United States Court of Appeals for the Fourth Circuit
666 F.2d 43 (1981)
In a rape prosecution against Black, with Doe (plaintiff) as the alleged victim, Black moved under Rule 412 to admit evidence of Doe's reputation for sexual promiscuity, related nonsexual conduct, and telephone records, arguing it showed his reasonable belief in and Doe's actual consent, and corroborated his testimony. The trial judge admitted the evidence, and Doe separately sued the government to seal the Rule 412 hearing records, losing on summary judgment. Doe appealed both the evidentiary ruling and the summary judgment.
Whether Federal Rule of Evidence 412 imposes strict limits on the purposes for which evidence of a victim's sexual habits or reputation is admissible.