This section contains the nature of the case and procedural background.

Oliphant (D) avoided being detected, despite having committed two rapes. He used certain methods to avoid any appearance of the use force or threats. He made the act appear to be consensual. D was charged with rape a third time, and the government introduced the two previous victims as rebuttal witnesses. This evidence was used to prove that D had the intent to force the victims to have intercourse by purposely using the same methods each time. D appealed, claiming that he was being subjected to double jeopardy since it was a relitigation of the same issue. He claimed that this was barred by collateral estoppel.

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