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D and Theresa, a co-worker at Kadena Air Base, Japan had been drinking and celebrating the end of the week with others. Eventually, Theresa and her boyfriend joined D in his room. D left the room and Theresa, and her boyfriend fell asleep. Theresa claims she woke up to someone having sex with her. She thought it was her boyfriend but discovered it was D. Theresa testified she did not consent to have sex. D claimed that when he returned to his room, Theresa and her boyfriend were having sex. Theresa looked at him, and he interpreted her suggestive looks as an invitation to join. D then joined and had sex with Theresa and Theresa was awake. D sought to introduce evidence under 412(c)(1) that Theresa had a reputation for being a bimbo who liked to party and was sexually promiscuous, that she had taken her top off at a bar, that several coworkers had gotten STDs from her and that at a beach party, she had performed sexual acts in the presence of others. D claimed that this evidence was relevant to his state of mind. D was convicted of rape and appealed.

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