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Redmond v. Kingston

United States Court of Appeals for the Seventh Circuit
240 F.3d 590 (2001)


Wisconsin (plaintiff) prosecuted Redmond (defendant), a drug counselor, for the statutory rape of Heather, a minor whom Redmond counseled and to whom he allegedly gave cocaine in return for sex. The state's case against Redmond relied almost solely on Heather's testimony. Eleven months before the incident in question, Heather falsely informed her mother and police that she was forcibly raped by a stranger. In truth, she consented to sex with the stranger. At trial, Redmond proffered evidence of the false report to show Heather sought attention and thus had a motive for falsely accusing Redmond. The judge rejected the proffer, ruling that evidence of the false report: (1) was merely cumulative of other evidence bearing on Heather's credibility, (2) was of a prejudicial nature that outweighed its probative value, (3) would confuse the jury, and (4) involved charges of forcible sex, which was not an element of the crime of statutory rape. Redmond appealed his conviction in state court, naming warden Kingston as respondent, and his appeal reached the United States Court of Appeals for the Seventh Circuit.

Rule of Law


Holding and Reasoning (Posner, J.)

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