State v. Kalamarski

Steve Kalamarski was charged with second degree rape of Tina Ortiz. His defense was that it was consensual. Prior to trial, seeking to prove Ortiz was unstable and had a motive for revenge, defendant moved to introduce evidence of previous psychiatric counseling which Ortiz had received. In order to show her consent to the instant act of intercourse, he also sought to introduce evidence of a date between the two 18 months before the alleged rape which he claimed ended in consensual sexual intercourse. The trial court denied the motions in part. It allowed Kalamarski to testify concerning the…