United States v. Azure
United States Court of Appeals for the Eighth Circuit
845 F.2d 1503 (1988)
Azure (defendant) was charged with forcibly having oral sex with a 10-year-old girl he had abused for years, and evidence showed she was healing from recent forceful sexual injuries and that Azure had been drunk and violent during the incident; the trial court denied Azure's Rule 412 motion to introduce evidence of the girl's separate, nonviolent, consensual sexual relationship with a boy, which she denied but the boy confirmed. Azure was convicted and appealed, arguing the evidence should have been admitted at least to impeach her credibility.
Whether, under Federal Rule of Evidence 412, evidence of an alleged sexual assault victim's sexual history is admissible if it relates to injuries from the sexual incident in question.