State v. Jeffries

417 N.W.2d 237, 1987 Iowa App. LEXIS 1745, 1987 WL 31387
CourtCourt of Appeals of Iowa
DecidedOctober 28, 1987
Docket86-748
StatusPublished
Cited by26 cases

This text of 417 N.W.2d 237 (State v. Jeffries) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jeffries, 417 N.W.2d 237, 1987 Iowa App. LEXIS 1745, 1987 WL 31387 (iowactapp 1987).

Opinions

OXBERGER, Chief Judge.

Defendant, Willie James Jeffries, appeals his conviction of sexual abuse in the first degree in violation of Iowa Code sections 709.1 and 709.2 (1985). He asserts that the district court erred by: (1) refusing to admit evidence of the complainant’s prior sexual behavior, and (2) refusing to admit evidence that the complainant suffered from delusions of sexual abuse. We affirm.

The charge arose from an incident which occurred on October 26,1985, when defendant and another man picked up Freda Crawford after she had run away from a drug rehabilitation center. She had left the center with the intent of “getting high.” Freda was not acquainted with either of the two men, but entered the car because she had been told that they had marijuana or alcohol. After stopping to purchase some wine, the two men and Freda drove to a wooded area. Defendant contends that Freda offered to engage in sex in order to pay the men back for the drugs and wine they had provided her. He testified that after having vaginal intercourse, Freda voluntarily performed oral sex on him. During this act, defendant asserts, she bit his penis resulting in his striking her twice in the face. In contrast to defendant’s version of the incident, Freda claims that defendant requested oral sex and when she refused, he began hitting her and forcing her head toward his penis. To make him stop, she bit his penis. Freda also testified that defendant, without her consent, performed both anal and vaginal intercourse with her.

On cross-examination, Freda admitted to having a history of drug use, including LSD, marijuana, and alcohol. During defendant’s recross-examination of Freda, she testified she had made statements to a Dr. Schoon at the drug treatment center regarding her frequent use and enjoyment of drugs. Counsel for defendant then asked her to tell the jury what she had told Dr. Schoon regarding “what extreme she would go to get drugs.” Such proposed testimony was based on the following notes taken by Dr. Schoon:

States that she has been voluntarily sexually active for the last year. She says that she does not like sex, that it hurts and is very uncomfortable. States she has sex because others want her to and to get drugs. She does state that she has, on a few occasions, had sex with strangers for money.

The State objected on the ground that such statements dealt with the complainant’s past sexual behavior and therefore, pursuant to Iowa Rule of Evidence 412, were not admissible.

Defense counsel argued that he wanted to ask Freda if she had told the doctor that she, in the past, had sex in order to obtain drugs, so as to establish that she would go to almost any extreme to get drugs, including sex. Furthermore, counsel for defendant contended that where the State had been allowed to present favorable evidence of the victim’s character, defendant should be allowed to impeach her credibility by asking questions dealing with her sexual activities as they related to drug use. The district court sustained the State’s objection, ruling that the proposed testimony would violate Iowa Rule of Evidence 412.

Defendant also proposed to have a Dr. Edison give opinion testimony that the victim suffered from delusions of sexual [239]*239abuse caused by her drug usage, her prior sexual activity with other individuals, and prior sexual abuse by her brothers. The defendant again argued that, since the State had presented favorable evidence of the victim’s character, this type of impeachment evidence was appropriate. The State objected to the proposed testimony as being violative of Iowa Rule of Evidence 412. Defendant argued that this evidence was appropriate impeachment and would corroborate his theory of the case. The district court again sustained the State’s objection. Following his conviction, defendant appeals.

Generally, our review of criminal proceedings is at law for correction of errors only, and not de novo. Iowa R.App.P. 4. On issues concerning violation of constitutional safeguards, however, this court is obliged to make an independent evaluation of the totality of the relevant circumstances shown by the record under which the ruling on those constitutional rights was made. Rinehart v. State, 234 N.W.2d 649, 658 (Iowa 1975).

Defendant argues that the evidence was admissible under rule 412(b)(1) because it was “constitutionally required to be admitted” in order to protect his constitutional rights to confront and cross-examine witnesses and his right to a fair trial. Specifically, defendant asserts that the evidence was appropriate to impeach Freda’s credibility and that it would corroborate his theory of the case, i.e., consent. The State contends that the evidence was not admissible under rule 412 (Iowa’s “rape shield law”).

In reviewing trial court’s denial of admission of evidence, we ordinarily will not reverse unless the trial court abused its discretion. State v. Clarke, 343 N.W.2d 158, 162, 163 (Iowa 1984). This is a difficult standard to meet, and a defendant must show a clear abuse of discretion. State v. Halstead, 362 N.W.2d 504, 506 (Iowa 1985). We conclude the defendant has not made this showing.

Rule 412 is an exception to the general rule that relevant evidence is generally admissible. Clarke, 343 N.W.2d at 160-161. The purposes of the rule are to protect the privacy of victims and to encourage the reporting and prosecuting of sex offenses. Id. at 161; State v. Ogilvie, 310 N.W.2d 192, 195 (Iowa 1981). Subsection (b)(1) of Rule 412 is a narrow exception to the general policy expressed in Rule 412 that evidence of a victim’s prior sexual behavior is inadmissible. Clarke, 343 N.W. 2d at 161. Subsection (b)(1) allows admission of evidence of past sexual behavior which is “constitutionally required to be admitted.” To protect a defendant’s constitutional rights, a defendant is allowed to rebut evidence of a victim’s chastity introduced by the State. State v. Zaehringer, 280 N.W.2d 416, 419-20 (Iowa 1979); see also State v. Padgett, 300 N.W.2d 145, 147 (Iowa 1981); State v. Munro, 295 N.W.2d 437, 44-47 (Iowa 1980).

Clearly, the defendant, once the State introduced evidence of Freda’s chastity, would have the right to rebut this evidence. The State, however, did not introduce any evidence of Freda’s chastity or prior sexual history. The defendant, however, complains the State presented a distorted, one-sided picture of Freda’s character. He particularly complains of the following exchanges:

Q. You live here in Des Moines with your family? A. Yes.
Q. Who do you live with? A. With my mom and my little sister.
Q. What is your mom’s name? A. Song Crawford.
Q. Does your mom work? A. Yes.
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Q. Where does your mom work? A. Job Service of Iowa.
Q. What does she do at Job Service? A.

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Bluebook (online)
417 N.W.2d 237, 1987 Iowa App. LEXIS 1745, 1987 WL 31387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jeffries-iowactapp-1987.