United States v. Hawkghost, No. 17-2978 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's conviction for three counts of abusive sexual contact with A.W., a minor and enrolled member of the Ponca Tribe of Nebraska. The court held that the district court did not abuse its discretion in applying Rule of Evidence 412 and refusing to admit testimony that the victim had been sexually assaulted by other men after the incidents involving defendant; defendant's right to present his defense was not unduly, nor unconstitutionally, hindered by his inability to cross-examine the witness and the interviewers about later-occurring sexual abuse by other adults; and the district court properly excluded the evidence under Rule 403.