People v. Williamson
249 P.3d 801
Colo.2011Background
- Williamson charged with second degree kidnapping and sexual assault; he contends victim consented to sex for money but reportedly never paid.
- Defendant moved to admit evidence that the victim was arrested five times for soliciting prostitution via an undercover officer; no sexual contact occurred.
- District court ruled the prior solicitations were not protected by 18-3-407 and were admissible under CRE 404(b).
- Weiss (People) petitioned for review; this Court issued a rule to show cause on admissibility of the prior solicitations.
- This Court holds solicitation of prostitution is “sexual conduct” protected by the Rape Shield Statute, and remands for a 18-3-407(2) hearing to determine admissibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether solicitation of prostitution qualifies as sexual conduct under 18-3-407 | Williamson argues it is not protected | Williamson contends it may not be protected unless it relates to the charged acts | Solicitation is sexual conduct and protected |
| What procedures apply to admissibility under 18-3-407(2) | Proponent must show relevance and offer of proof under 407 | Trial court should apply 407(2) procedures | Remand for in camera hearing and relevance finding under 407(2) |
| Whether 404(b) analysis is required after holding 18-3-407 applies | Evidence analyzed under 404(b) separate from 18-3-407 | Unnecessary to perform separate 404(b) analysis | 404(b) analysis not required after 18-3-407 determination |
Key Cases Cited
- People v. Murphy, 919 P.2d 191 (Colo.1996) (sexual orientation evidence protected under 18-3-407)
- People v. Aldrich, 849 P.2d 821 (Colo.App.1992) (prior sexual assault evidence protected under 18-3-407)
- People v. Cobb, 962 P.2d 944 (Colo.1998) (prior solicitation of prostitution evidence not necessarily protected)
- Klinger v. Adams Cnty. Sch. Dist. No. 50, 130 P.3d 1027 (Colo.2006) (statutory interpretation; read scheme as a whole)
- People v. Luther, 58 P.3d 1013 (Colo.2002) (interpretation of statutory language in related context)
- People v. Cobb, 962 P.2d 944 (Colo.1998) (evidence creating only an inference of prior solicitation may not be sexual conduct)