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State v. Jones
Washington Supreme Court
230 P.3d 576 (2010)
Christopher Jones (defendant) was charged with sexually assaulting his 17-year-old niece, KD. After a trial, the jury acquitted Jones of first-degree rape but could not agree on the second-degree-rape charge. Jones was tried again on the second-degree-rape charge, with an aggravating circumstance of using a position of trust to commit the crime. At this second trial, Jones asked to testify that he and KD had met two men and a woman at a truck stop. According to Jones, the group then engaged in a 9-hour sex party at which they all took cocaine, drank alcohol, and had consensual sex with each other. Jones claimed that this included KD having consensual sex with the other two men and with Jones. However, the trial court applied the rape-shield law in Rule of Evidence 412 to exclude any evidence that KD had engaged in consensual sex with the other two men, which included most of the alleged sex party. The jury convicted Jones of second-degree rape, and Jones appealed. The appellate court upheld the conviction. Jones appealed to the Washington Supreme Court.
Rule of Law
Holding and Reasoning (Owens, J.)
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