United States Ninth Circuit

Under Fed. R. Evid. 412, exclusion of evidence of plaintiff's prior, consensual sexual activity is an appropriate sanction against a party that fails to comply with the statute's procedural requirements, and plaintiff's motion to admit evidence that she was molested as a child does not open the door to admission of evidence of her voluntary sexual conduct. (Amended opinion)

Appellate Information

• Argued 05/14/2001
• Decided 08/27/2001
• Published 01/14/2003

Judges

• PAEZ, Circuit Judge:, Before:  B. FLETCHER, CANBY, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Gary M. Levitt, Honolulu, Hawaii, for the plaintiff-appellee-cross-appellant., Richard E. Wilson, Simons, Wilson & Viola, Honolulu, Hawaii, for the plaintiff-appellee-cross-appellant., Arthur B. Reinwald, Dennis E.W. O'Connor, Michael J. McGuigan, and Jason M. Tani, Reinwald, O'Connor & Marrack, Honolulu, Hawaii, for the defendant-appellant-cross-appellee.