Doe v. United States

BUTZNER, Circuit Judge:

These appeals concern the district court’s evidentiary ruling in a pre-trial proceeding held pursuant to rule 412 of the Federal Rules of Evidence.1 The court held that evidence concerning the past sexual behavior and habits of the prosecutrix was admissible in the rape trial of Donald Robert Black. We conclude that we have jurisdiction to hear her appeal, and we affirm in part and reverse in part the order of the district court.

I

The appellant is the alleged victim and chief government witness in the impending rape trial of Black.2 Pursuant to rule 412 of the Federal…