In re People ex rel. K.N.

977 P.2d 868, 1999 Colo. J. C.A.R. 1944, 1999 Colo. LEXIS 374
CourtSupreme Court of Colorado
DecidedApril 12, 1999
DocketNo. 98SA371
StatusPublished
Cited by25 cases

This text of 977 P.2d 868 (In re People ex rel. K.N.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re People ex rel. K.N., 977 P.2d 868, 1999 Colo. J. C.A.R. 1944, 1999 Colo. LEXIS 374 (Colo. 1999).

Opinion

Justice SCOTT

delivered the Opinion of the Court.

This is an original proceeding pursuant to C.A.R. 21.1 The People (prosecution) cha1-[870]*870lenge the trial court’s ruling allowing the defense in a first-degree sexual assault case to introduce evidence of the complaining witness’ prior sexual conduct and reputation for promiscuity. The prosecution, seeking relief from that ruling, asks that we exercise original jurisdiction,2 invoking our general superintending authority.3 In the course of our review, we are required to construe section 18-3-407, 6 C.R.S. (1998), the Colorado rape shield statute, and determine whether it permits or prohibits the admission of evidence the trial court intends to allow.

The trial court ruled that evidence of the complainant’s prior sexual conduct and reputation for promiscuity was admissible to show the state of mind of the alleged perpetrator. The prosecution contends that the trial court abused its discretion by allowing the use of evidence that is irrelevant to whether the complainant consented. The prosecution argues the trial court’s ruling is contrary to section 18-3-407(2), 6 C.R.S. (1998). We agree and conclude that the trial court erred. We therefore make our rule absolute.

I.

K.N., the respondent before us, is named in juvenile proceedings before the District Court of the Fourth Judicial District (trial court). K.N. is a seventeen-year-old male charged with conduct that, if committed by an adult, would constitute the crime of sexual assault in the first degree, in violation of section 18-3-402(l)(a), 6 C.R.S. (1998). An element of the charged offense is the use of force or violence. Under the terms of our criminal code, a person commits sexual assault in the first degree if he or she “knowingly inflicts sexual intrusion or sexual penetration on a victim ... if ... [t]he actor causes submission of the victim through the actual application of physical force or physical violence .... ” § 18-3-á02(l)(a). As his defense in the juvenile proceeding, K.N. asserts that the sexual encounter between K.N. and C.G. (complainant), a seventeen-year-old female, was not an assault by force or violence, but rather, was consensual sexual intercourse.

A.

For the purposes of this proceeding, we rely upon the testimony of the complainant offered at the preliminary hearing. That testimony and the uncontroverted statements of fact in the pleadings form the basis for the facts underlying this dispute.

The complainant and K.N. first met in school. They had recently seen each other socially. K.N. invited the complainant to his house, where he lived with his parents. Along with one of K.N.’s friends, they walked to K.N.’s home.

Once at K.N.’s home, the three youths went into the basement. While in the basement, K.N. made sexual advances to the complainant, which she refused. The complainant testified that she verbally and physically resisted K.N., repeatedly told K.N. “no,” and. stated that she did not want to engage in sexual intercourse. Despite her physical resistance and her verbal rejection of his advances, by the use of force and against the complainant’s will, K.N. engaged in sexual intercourse with the complainant. The complainant, unable to stop K.N. or escape his control, was injured as a result. After the alleged assault, the complainant left K.N.’s house and returned to her home.

The next day, the complainant told her parents and several teachers about the alleged assault. She was subsequently treated at a hospital for injuries to her vaginal area, including a ten centimeter rip. While being treated by a nurse for those injuries, complainant informed the nurse that K.N. took her virginity. Thereafter, these juvenile pro[871]*871ceedings were initiated against K.N. After a preliminary hearing, probable cause was found to charge K.N. with sexual assault. The matter was then set for trial in July 1998.

B.

A few months before trial, K.N. filed his motion and supporting affidavit asking that he be permitted to introduce evidence of the complainant’s prior sexual conduct and reputation for promiscuity.4 K.N. proposed to admit the evidence through the testimony of two witnesses, friends of K.N., who, he claimed, would testify from personal knowledge.

In his motion, K.N. claimed the testimony should be admitted based on two statements that the prosecution concedes were made by the complainant. The complainant’s first statement was made to K.N. while resisting his advances. When K.N. asked why she did not want to have sex with him, the complainant stated if she did so it would cause her to have a bad reputation and that she did not want “to be looked at as a ... slut.” Complainant’s second statement was made to a nurse while she received medical treatment. She told the nurse that K.N. “took [her] virginity.”

K.N. argued to the trial court that, in light of the foregoing statements made by the complainant and his consent defense, he may introduce evidence of the complainant’s sexual history. K.N.’s motion was accompanied by an affidavit disclosing the particular evidence that K.N. would offer at trial.

According to the affidavit filed with the motion, an unnamed investigator located the two friends of K.N. who would testify on behalf of the defense. The witnesses would testify that: (1) they previously had consensual sexual intercourse with the complainant; (2) the complainant had a reputation for promiscuity; and (3) K.N. was aware of the complainant’s reputation at the time of the alleged sexual assault.

The prosecution filed a written objection to the motion, invoking section 18-3-407. The prosecution claimed that, in light of the facts of this case, our rape shield statute makes the complainant’s sexual history inadmissible because it is irrelevant to K.N.’s defense that the complainant consented.

C.

On May 18, 1998, the trial court held a general motions hearing to rule on pending motions in this and other cases. The trial court' heard, in open court, K.N.’s offer of proof to admit evidence of the complainant’s sexual history.

The offer of proof was made without calling witnesses. At least twice during the hearing, however, the prosecution indicated that the trial court was not following the statutory procedure set forth in section 18-3-407. In doing so, the prosecution asked the trial court to reject any finding that K.N.’s offer of proof was sufficient. The prosecution further argued that if the court found the offer of proof to be sufficient, the prosecution was entitled to notice before any hearing under section 18 — 3—407(2)(c). Finally, the prosecution stated that, in accordance with the rape shield statute, any such hearing, after notice, would have to be conducted in camera rather than through the open court proceeding of the May 18 motions hearing.

Despite the prosecution’s various objections, the trial court ruled that: (1) the offer of proof was sufficient, and (2) the two witnesses could testify at trial as to their prior sexual experiences with the complainant and as to their understanding that K.N. was aware of the same at the time of the events in question. However, the trial court did not decide whether the witnesses could testify as to the complainant’s reputation for promiscuity.

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Bluebook (online)
977 P.2d 868, 1999 Colo. J. C.A.R. 1944, 1999 Colo. LEXIS 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-people-ex-rel-kn-colo-1999.