State v. Jones, 168 Wash. 2d 713

Summary

The Washington Supreme Court held that the trial court violated Christopher Jones’s Sixth Amendment right to present a defense by preventing him from testifying about his account of the alleged rape, including an alleged consensual sex party occurring on the night in question. The court held that Washington’s rape shield statute did not apply to the contemporaneous conduct and, in any event, could not exclude evidence of such high probative value. The court reversed and remanded for a new trial and directed the State to refrain from improper comments concerning Jones’s silence and refusal to provide a DNA sample.

Holdings

1. The trial court violated Jones's Sixth Amendment rights by preventing him from testifying and cross-examining witnesses about the alleged consensual sex party, because that evidence constituted his entire defense and had extremely high probative value.
2. RCW 9A.44.020(2) did not apply to evidence concerning sexual conduct occurring on the night of the alleged rape because the statute addresses the victim's 'past sexual behavior,' not contemporaneous conduct.
3. The constitutional error was not harmless beyond a reasonable doubt.
4. The prosecutor's comments about Jones's failure to contact police and his refusal to provide a DNA swab were improper, and the State was directed not to repeat such arguments on remand.

Questions Presented

1. Whether excluding Jones's testimony and cross-examination concerning the alleged sex party violated his Sixth Amendment right to present a defense.
2. Whether Washington's rape shield statute, RCW 9A.44.020(2), applied to evidence concerning sexual conduct occurring contemporaneously with the alleged rape.
3. Whether the constitutional error was harmless beyond a reasonable doubt.
4. Whether the prosecutor's comments concerning Jones's silence and refusal to provide a DNA swab were improper and should be prohibited on remand.

Disposition

reversed_and_remanded