United States v. White Calf
2011 U.S. App. LEXIS 4640
| 8th Cir. | 2011Background
- White Calf, age 19, hosted a party on the Pine Ridge Reservation where attendees became intoxicated.
- L.R.F., 13, arrived with two older relatives who instructed her to lie about her age.
- L.R.F. and White Calf engaged in kissing and sexual activity; a police officer later observed them partially unclothed during intercourse.
- Officer Good Voice Flute asked ages; White Calf claimed 21 and L.R.F. claimed 19; L.R.F. later lied and said she was 16.
- FBI interviewed White Calf; he initially denied sex, then admitted having sex with L.R.F.; blood alcohol levels were high for both parties.
- Indictment charged White Calf with sexual abuse of a minor; trial proceeded with a general verdict finding guilt on sexual abuse or attempted sexual abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether intoxication should affect § 2243(c)(1) defense instruction | Calf asserts intoxication should inform defense reasoning. | Calf contends the court erred by not giving extra intoxication instruction. | No reversible error; proper instruction given, harmless overall. |
| Whether the government must prove knowledge of the minor's specific age (scienter) under § 2243 | Calf argues knowledge of not-yet-16 is required. | Calf asserts the government must prove exact age knowledge. | District court did not err; § 2243(d) relieves proving exact age. |
| Admissibility of Exhibit 3 (L.R.F. photograph) | Exhibit 3 was irrelevant/prejudicial due to timing; improper authentication. | Exhibit 3 is relevant to age appearance and not unduly prejudicial. | Exhibit 3 properly admitted; weight for jury, not admissibility, implicated. |
| Admissibility of Officer Good Voice Flute's age perception testimony | Testimony was prejudicial and irrelevant to reasonable age belief. | Lay testimony on appearance aided § 2243(c)(1) defense. | Testimony properly admitted under Rule 701; admissible lay opinion on appearance. |
Key Cases Cited
- United States v. Wilcox, 487 F.3d 1163 (8th Cir.2007) (statutory duty and mistake-of-fact related to § 2243)
- United States v. Mack, 112 F.2d 290 (2d Cir.1940) (ignorance of age as not defense in statutory rape)
- United States v. Weise, 89 F.3d 502 (8th Cir.1996) (reasonableness of belief not measured by intoxicated person)
- United States v. Yazzie, 976 F.2d 1252 (9th Cir.1992) (lay age testimony admissible in § 2243 prosecution)
- X-Citement Video, Inc. v. United States, 513 U.S. 64 (U.S.1994) (statutory construction limits in sex offenses; age-related issues)