United States v. Knox
United States Air Force Court of Military Review
1992 WL 97157 (U.S.A.F. Ct. Mil. Rev. 1992), aff'd M.J. 28 (Ct. Mil. App. 1994), cert. denied, 513 U.S. 1153 (1995)
Knox (defendant) was accused of raping Theresa, a co-worker, after a night of drinking with colleagues at Kadena Air Base. Theresa testified she awoke to Knox having sex with her without her consent, while Knox testified Theresa was already having sex with her boyfriend when he returned, that she looked at him suggestively, and that he joined believing she was awake and consenting. At trial, Knox sought to introduce evidence of Theresa's reputation for promiscuity and specific past sexual conduct, claiming it was relevant to his state of mind, his belief she was consenting. Knox was convicted of rape and appealed.
Whether evidence of a victim's prior sexual history is admissible to show the defendant's state of mind.