United States v. Pablo

Jonathan Pablo and Isaac Gordo (defendants) were charged with raping a teenage girl, L.R.H., who claimed Gordo raped her first and Pablo raped her afterward; an expert testified her vaginal injuries were consistent with rape. The defendants sought to introduce evidence that L.R.H. was seen partially undressed with two other men earlier that night, and that she had made sexual advances toward Gordo at a different location before the rape; the district court excluded both proffers under Rule 412, and Pablo appealed, arguing the other-men evidence should show an alternate injury source and that excluding the Gordo-advances evidence violated his constitutional right to present a defense.