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PAGE 2 Th* Tipton County Tribune, MoSupremeCourtrejectsinmateappealdosed at trial.MaWASHINGTON (AP) - The CerSupreme Court rejected today the Satiappeal of a Indiana prison inmate Ewho says a state law protecting the s^eprivacy of rape victims prevented Gfahim from proving his innocence. marThe justices, without comment, Jacllet stand the attempted-rape con- Au9viction of Lonnie Stephens fof a g|March 17, 1987, incident at an ta cacquaintance’s mobile home in Ru^Hartford City, Ind. ^tlaiIndiana’s rape shield law barred g(Stephens from testifying in full |^|a_detail his version of what happened p 'that night. RobLike similar laws passed by Con- gndgrass and virtually all the other sjst£states, Indiana’s law is aimed at 13sparing rape victims from having details about their sex lives dis- 9 gTue:Prosecutors said Stephens was Rorrintoxicated when he visited an acquaintance and tried to rape her. pairBut Stephens, who is serving a p20-year prison sentence, says he tod2and the woman engaged in con-sentual sex before something he said made her angry enough to accuse him of rape.Stephens wanted to tell his trial jury that he questioned the woman about whether she liked the sexual position they were in, and added Tifthat another man said you did. ii«Stephens also wanted to testify that he had said something about “switching partners.”The trial judge, invoking the rape Tshield law, barred Stephens from ki, 1giving such details. Stephens was Callowed to testify that something” Fhe said made his alleged victim Eangry.;After Indiana appeals courts ^upheld Stephens’ conviction, he Fturned to the federal courts for help. FA federal trial judge rejected his Eappeal. So did the 7th U.S. Circuit . JCourt of Appeals, by a 6-5 vote. CIn its main opinion, the appealscourt said the state trial judgeproperly balanced Stephens’ right Jto testify with Indiana's interests.” EAllowing such testimony would v Ceffectively gut rape shield statutes,” Kthe appeals court said. Criminal Vdefendants could always circumvent rape shield statues by claiming that they said something near in Ftime and place to the alleged rape Vor attempted rape about the victim's past sexual history or reputa- Ftion, the appeals court said. CThe case is Stephens vs. Miller, 93-1734.
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Tipton County Tribune
Tipton, Indiana, US
Mon, Oct 03, 1994
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