State v. Stephen F.

• Decision Date: 23 June 2008
• Docket Number: No. 30,199.,30,199.
• Citation: 2008 NMSC 037,188 P.3d 84
• Parties: STATE of New Mexico, Plaintiff-Petitioner, v. STEPHEN F., a child, Defendant-Respondent.
• Court: New Mexico Supreme Court

188 P.3d 84

2008 NMSC 037

STATE of New Mexico, Plaintiff-Petitioner, v. STEPHEN F., a child, Defendant-Respondent.

No. 30,199.

Supreme Court of New Mexico.

June 23, 2008.

Gary K. King, Attorney General, Jacqueline R. Medina, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Hugh Dangler, Chief Public Defender, Vicki W. Zelle, Assistant Appellant Defender, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} This appeal implicates two competing interests—an accused's constitutional right to confront witnesses against him, and the State's interest, as expressed in our rape shield statute and corresponding rule of evidence, in protecting those witnesses from unwarranted intrusions on their privacy. The Court of Appeals concluded that the accused in this case, Stephen F., had a constitutional right to cross-examine the alleged rape victim, B.G., about a prior sexual incident—and the punishment she received from her parents as a result—to establish a motive to fabricate the present charges against him. We agree. Because the trial court unfairly restricted his constitutional right to confront the sole witness against him, we reverse and remand for a new trial.

BACKGROUND

{2} On the night in question, Stephen F., who was then fifteen, and B.G., who was sixteen, engaged in sexual intercourse. Stephen, a long-time friend of B.G.'s brother, was spending the night at her family's house, as he often did. B.G., Stephen, and her brother shared an alcoholic beverage while they watched a movie in her bedroom. After initially leaving her bedroom to sleep on the living room couch, Stephen came back to her room and, according to B.G., forced her to engage in oral, vaginal, and anal sex. Stephen then left her room, and spent the rest of the night in the living room. In the morning, B.G. told her mother that Stephen had raped her.

{3} There is no dispute that Stephen and B.G. engaged in sexual intercourse. Stephen's sole defense was that B.G. consented, and then fabricated the rape allegation to avoid being punished by her parents. Stephen based his defense on B.G.'s deposition testimony. During the deposition, B.G. explained that her parents are opposed to premarital sex because of their deeply held religious convictions. Significantly, B.G. also explained that she had previously been punished when her parents learned from her brother that she had engaged in consensual sex with someone else. To establish a motive to lie about the present event, Stephen wanted to cross-examine B.G. about this prior incident.

{4} Stephen requested a hearing pursuant to Rule 11-413 NMRA, "Sex crimes; testimony; limitations; in camera hearing," to determine the admissibility of his proffered evidence. Rule 11-413 provides:

A. Evidence of the victim's past sexual conduct. In prosecutions under Sections 30-9-11 to 30-9-15 NMSA 1978, evidence of the victim's past sexual conduct, opinion evidence thereof or of reputation for past sexual conduct shall not be admitted unless, and only to the extent that the court finds, that evidence of the victim's past sexual conduct is material and relevant to the case and that its inflammatory or prejudicial nature does not outweigh its probative value.

B. Pretrial motion required. If such evidence is proposed to be offered, the defendant must file a written motion prior to trial. The court shall hear such pretrial motion prior to trial at an in camera hearing to determine whether such evidence is admissible under Paragraph A of this rule. . . . If such proposed evidence is deemed admissible, the court shall issue a written order stating what evidence may be introduced by the defendant and stating the specific questions to be permitted.

See also NMSA 1978, § 30-9-16 (1993) (New Mexico's rape shield statute).

{5} The trial court held a pre-trial hearing on Stephen's motion. Stephen argued that he had a right under the Sixth Amendment to the United States Constitution, and under Article II, Section 14 of the New Mexico Constitution, to cross-examine B.G., and reveal her motive to lie. The trial court, after denying Stephen's motion for an in camera hearing, prohibited Stephen from cross-examining B.G. or any other witness, such as her parents, about the prior sexual encounter, finding "specifically that the prejudicial aspects of this would greatly outweigh the probative value." The trial court explicitly chose not to address Stephen's Sixth Amendment argument. The Court of Appeals, analyzing the issue under Stephen's Sixth Amendment constitutional right to confront witnesses, reversed the trial court and remanded for a new trial. State v. Stephen F., 2007-NMCA-025, ¶¶ 13-18, 22, 141 N.M. 199, 152 P.3d 842.

DISCUSSION

{6} This Court has previously acknowledged that "[i]f application of the rape shield law or rule would conflict with the accused's confrontation right, if it operates to preclude the defendant from presenting a full and fair defense, the statute and rule must yield." State v. Johnson, 1997-NMSC-036, ¶ 24, 123 N.M. 640, 944 P.2d 869; see also Rock v. Arkansas, 483 U.S. 44, 55, 107 S.Ct. 2704, 97 L.Ed.2d 37 (1987) ("[W]hen a state rule of evidence conflicts with the right [of the accused] to present witnesses, the rule may `not be applied mechanistically to defeat the ends of justice,' but must meet the fundamental standards of due process." (quoting Chambers v. Mississippi, 410 U.S. 284, 302, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973))). A defendant's "right to confront and to cross-examine is not absolute and may, in appropriate cases, bow to accommodate other legitimate interests in the criminal trial process." Chambers, 410 U.S. at 295, 93 S.Ct. 1038. However, a court's decision to restrict a defendant's ability to confront a witness, even when based on legitimate state interests, "calls into question the ultimate integrity of the fact-finding process and requires that the competing interest be closely examined." Id. (quoted authority omitted).

{7} Just as the Confrontation Clause does not give a defendant an absolute right to cross-examine a witness, rape shield laws do not act as absolute prohibitions to the admission of an alleged victim's sexual history. The goal of a rape shield statute is "`to emphasize the general irrelevance of a victim's sexual history, not to remove relevant evidence from the jury's consideration.'" Johnson, 1997-NMSC-036, ¶ 21, 123 N.M. 640, 944 P.2d 869 (quoting State v. Crims, 540 N.W.2d 860, 867 (Minn.Ct.App. 1995)). Thus, "[a] defendant's right of confrontation—with its protection of the right to cross-examine, test credibility, detect bias, and otherwise challenge an opposing version of facts—is a critical limitation on the trial court's discretion to exclude evidence a defendant wishes to admit." Id. ¶ 23 (emphasis added). Under our statute and rule of evidence, "a defendant must show sufficient facts to support a particular theory of relevance" to enable the trial court to competently assess the constitutional significance of that theory. Id. ¶ 32.

{8} In Johnson, this Court suggested a five-factor framework to aid the court in determining whether the defendant has adequately established his theory of relevance. Id. ¶¶ 27-28. The five factors are:

(1) whether there is a clear showing that the complainant committed the prior acts;

(2) whether the circumstances of the prior acts closely resemble those of the present case;

(3) whether the prior acts are clearly relevant to a material issue, such as identity, intent, or bias;

(4) whether the evidence is necessary to the defendant's case; and

(5) whether the probative value of the evidence outweighs its prejudicial effect.

Id. ¶ 27. We held "that a showing sufficient under [this framework] establishes a constitutional right to present evidence otherwise excluded by our statute." Id. ¶ 28; see also Haviva A. Graber, Note, Evidence Law— Striking the Right Balance in New Mexico's Rape Shield Law—State v. Johnson, 28 N.M. L.Rev. 611, 611 (1998) ("The [Johnson] guidelines reflect the policy behind the enactment of the New Mexico rape shield law as well as the constitutional limits on that protection."). We specifically noted, however, that we did "not intend to limit the trial courts in the exercise of discretion under the rule and statute, but rather to suggest a possible framework for exercising that discretion." Johnson, 1997-NMSC-036, ¶ 28, 123 N.M. 640, 944 P.2d 869. A district court's decision to exclude evidence of a victim's prior sexual conduct is reviewed for abuse of discretion. See id. ¶ 40. We now evaluate the trial court's exercise of discretion in this case using the guidelines this Court set forth in Johnson.

Stephen Established a Constitutional Right to Cross-Examine B.G.

{9} Stephen argues that his inability to cross-examine B.G. about her motive to lie "offend[ed][his] right to meaningful confrontation of the state's primary witness against him, as well as his right to due process," because the evidence he sought to introduce was relevant to Stephen's defense that he and B.G. had engaged in consensual sex. Relying appropriately on the Johnson factors, the Court of Appeals held that Stephen had a constitutional right to cross-examine B.G. Stephen F., 2007-NMCA-025, ¶¶ 13-18, 141 N.M. 199, 152 P.3d 842.

{10} The State argues that the Court of Appeals erred because Stephen did not demonstrate that the testimony he sought to introduce through cross-examination implicated his constitutional right of confrontation. The State contends that Stephen did not "demonstrate that the evidence [was] material to his right of confrontation and that its prejudicial effect . . . outweigh[ed] its probative value." The State faults the Court of Appeals for its analysis of factors two through five of the Johnson test. We limit our review to those four factors.

{11} The State suggests that Stephen could not meet the requirements of the second factor, "whether the circumstances of the prior...