State v. Tarrats

2005 UT 50, 122 P.3d 581, 532 Utah Adv. Rep. 3, 2005 Utah LEXIS 90, 2005 WL 1868861
CourtUtah Supreme Court
DecidedAugust 9, 2005
Docket20030905
StatusPublished
Cited by32 cases

This text of 2005 UT 50 (State v. Tarrats) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Tarrats, 2005 UT 50, 122 P.3d 581, 532 Utah Adv. Rep. 3, 2005 Utah LEXIS 90, 2005 WL 1868861 (Utah 2005).

Opinion

WILKINS, Associate Chief Justice:

¶ 1 Jonathan Tarrats, the defendant in a rape prosecution, appeals the trial court’s interlocutory order excluding evidence that the accusing witness had allegedly made a prior false rape claim against another man in an unrelated incident. The sole issue on appeal is whether the trial court abused its discretion in finding Tarrats’ evidence that the prior claim was false inadmissible under Utah Rules of Evidence 412 and 403. We affirm the ruling of the trial court.

*583 BACKGROUND

¶2 Tarrats and his accuser were introduced to each other by a mutual friend, Jami Gardner. Shortly after the introduction, the two agreed to go on a date. The accuser picked Tarrats up from his place of work at around 11 p.m. The two then drove to Tar-rats’ apartment, where they spent the evening watching videos. Both agree that consensual kissing activity took place during the evening. The accuser later asked to stay the night at Tarrats’ apartment due to her discomfort at driving home alone at such a late hour, but repeatedly informed him that no sexual contact would take place during the night. Tarrats agreed to permit her to sleep over.

¶ 3 The accuser alleges that Tarrats continued to make sexual advances, which she rebuffed, but that he ultimately refused to take no for an answer, pulled down her pants, ripping her zipper in the process, and raped her. Immediately after the encounter, the accuser returned to her own home. The following morning, she reported the incident to her roommate, Ms. Gardner, and her roommate’s mother. She then sought medical attention at a nearby hospital, where a rape examination was performed. She also reported the incident to the police, who commenced a criminal investigation of the matter.

¶ 4 As part of this police investigation, the accuser was fitted with a wire to record a planned confrontation with Tarrats. The accuser’s friend, Ms. Gardner, helped arrange this meeting at a nearby mall, and she further assisted in securing the wire under the accuser’s clothing. The accuser testified at a preliminary hearing that Tarrats admitted in the recorded conversation that he knew that she had not consented to the sex but that he had continued anyway because he was sexually excited.

¶ 5 Tarrats now contends that the accuser consented to the sex through her physical behavior, though he admits that she verbally indicated her refusal. He suggests that the reason his accuser is now claiming that he raped her is that she was offended when he called her by her friend’s name after the sexual encounter.

¶ 6 On April 10, 2003, Tarrats moved in limine for a ruling authorizing him to impeach the accuser’s testimony with evidence that she had falsely accused another man of rape in an unrelated prior incident. His sole evidence that the prior allegation was untruthful came from the testimony of Ms. Gardner, who admitted that she no longer liked the accuser due to several points of interpersonal conflict unrelated to the trial.

¶ 7 The trial court held a series of eviden-tiary hearings on the matter, hearing testimony from the accuser; several individuals to whom she had reported the previous rape, including Ms. Gardner; a police detective investigating the current charges against Tarrats; and a private investigator hired by the defense.

¶ 8 The accuser testified at one of the hearings that she had told the truth to her mother and those of her friends in whom she had confided when she said that she had been raped by an unknown assailant in the bathroom of a home during a New Year’s party on January 1, 2001, and denied ever having recanted that allegation. She never reported the incident to police. The accuser’s mother and friends all likewise testified that the accuser had informed them of the incident and had never later recanted her story.

¶ 9 The only witness to testify that the accuser had recanted was Ms. Garnder. According to Ms. Gardner, the accuser had admitted to her that she had engaged in consensual sex at the New Year’s party and had only told people that she had been raped to avoid upsetting her then boyfriend. Ms. Gardner further testified that, despite her participation in the police investigation, she always doubted whether Tarrats had really raped the accuser.

¶ 10 The prosecutor was able to elicit from Ms. Gardner that she did not report to detectives her suspicions that the accuser was falsely alleging a rape claim against Tarrats and that the accuser also had recanted a previous rape claim until nearly a year after the Tarrats investigation began, shortly after discovering that the accuser had kissed Ms. Gardner’s boyfriend. She further admitted *584 that she was no longer friends with the accuser because the accuser had kissed her boyfriend and owed her money, among other reasons unrelated to the case against the defendant.

¶ 11 Ms. Garnder claimed that she did not report the recantation or her doubts about the veracity of the instant allegation to the investigating police detectives, despite having numerous opportunities to do so. She said that she was able to report the recantation of the prior rape claim to defense counsel, however, because the private detective the defense had hired called her on her cell phone and asked her about it. She claimed that the private detective learned of the recantation from another friend of Ms. Gardner and the accuser.

¶ 12 The private investigator, however, testified that he learned of the recantation through Ms. Gardner, who had contacted him and reported the recantation herself. The friend whom Ms. Gardner claimed had told the private investigator about the recantation also denied under oath ever having done so, and further denied ever hearing the accuser recant. The witness also testified that she and the accuser were no longer friends for reasons unrelated to either the current proceedings or the prior allegation.

¶ 13 Thus, without Ms. Gardner’s testimony that the accuser had recanted a prior rape allegation, Tarrats would have no basis to allege that the prior allegation was false, and testimony about the prior allegation and recantation would be excluded under Utah’s rape shield law, Utah Rule of Evidence 412. The question before the judge was whether Ms. Gardner’s testimony was sufficient to prove by a preponderance of the evidence that the accuser had made a prior false allegation. He concluded that it was not, and held the evidence inadmissible under rules 412 and 403.

¶ 14 First, the court reasoned that, since admissibility of a prior rape claim turns on the truthfulness of that claim, and since the burden is on the proponent to show that the probative value of evidence outweighs its prejudicial nature, evidence that a victim had falsely accused another individual of raping her in the past would be inadmissible unless the proponent made a threshold showing that the prior allegation was false. Tarrats, it ruled, failed to show by a preponderance of the evidence that the allegation was false, so Ms. Gardner’s testimony about the prior incident would not be admitted at trial.

¶ 15 The court next stated that, even if the rape shield law had not applied, the evidence still would not be admissible because the prejudicial nature of the testimony outweighed its probative value in this ease, in violation of Utah Rule of Evidence 403.

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Cite This Page — Counsel Stack

Bluebook (online)
2005 UT 50, 122 P.3d 581, 532 Utah Adv. Rep. 3, 2005 Utah LEXIS 90, 2005 WL 1868861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tarrats-utah-2005.