Government of the Virgin Islands v. Scuito
United States Court of Appeals for the Third Circuit
623 F.2d 869 (1980)
Scuito (defendant), charged with raping a woman he drove home from a restaurant, claimed the encounter was consensual, while the victim testified he threatened her with a knife and cut her neck, corroborated by medical evidence of a neck cut; before Scuito's second trial (the first ended in mistrial after an improper reference to a prior similar assault), his counsel moved for a psychiatric examination of the victim, submitting an affidavit claiming she appeared "spaced out," possibly used drugs, and dressed provocatively. The trial court denied the motion, Scuito was convicted, and he appealed the denial.
Whether a trial judge has discretion not to order a psychiatric examination of a rape victim within the spirit of Federal Rule of Evidence 412, which prevents admission of evidence of rape victims' prior sexual history.