State v. Brown

Robert and Raymond Brown appeal their jury convictions of first degree rape. We reverse because the Superior Court erred in excluding (1) evidence that the rape prosecutrix had used LSD the evening in question and (2) expert testimony that LSD may affect the perceptual abilities of users.

On Sunday evening, April 28, 1985, an 18-year-old woman attended a party at a house in Yakima. After she left the party about 1:30 a.m., she accepted a ride from the two defendants and David Roberts, who also had attended the party. She testified that the defendants took her to a house and raped her. The…