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

During a night of partying at D's home on the Yankton Sioux Reservation, two guests, O.A. and A.Z., had consensual sex in his basement. The next morning, after they returned from an appointment, O.A. and A.Z. fell asleep together on D's couch. O.A. left about an hour later, after which A.Z. fell back to sleep. A.Z. awoke on her stomach to someone pulling down her pants. The person behind her, whom she thought was O.A., began having sex with her. No one answered when she said 'wait . . . stop,' but she soon felt 'pressure' on her back. When she finally freed herself and turned around, she was shocked to see D's face. At that point, she decided to get dressed and leave. But on the way out, she told others what he had done. Later that day, she reported the crime to the police, who arrested D. During a jailhouse interview with an FBI agent and a tribal investigator, he claimed that all he did was try to wake up A.Z., who then suddenly grabbed and started kissing him. From there, one thing led to another, and he claims that they had consensual sex. D let it slip that he had been accused of rape before. A grand jury charged him with one count of aggravated sexual abuse occurring in Indian country. Zephier's position throughout the trial was that he had consensual sex. A.Z. testified, that D forcibly raped her, which made her credibility a central focus at trial, particularly in light of the minimal physical evidence of trauma. To assist the jury in evaluating her testimony, P called an expert witness, Krista Heeren-Graber. She would cover 'the effects experienced by victims of sexual assault.' At trial, she explained that sexual-assault victims often 'delay[] reporting,' 'minimize what's occurred,' and 'change their stories.' They may also turn to harmful coping mechanisms like drug and alcohol use, 'cutting behavior,' and 'promiscuity.' Mental and emotional health can suffer in other ways, with many victims experiencing 'anxiety and depression,' 'difficulty sleeping,' and strained relationships. Critically, she said that, depending on the individual, these harmful effects can last 'for a long period of time. A.Z. started using 'meth again,' feeling uncomfortable around her brother, and cutting herself. D's other two alleged victims, A.N. and M.W.T., also reacted in similar ways. D asked to counter her testimony by introducing evidence that A.Z. had been sexually assaulted 'several years' earlier by someone else. The court ruled that D could not broach the subject during the trial. See Fed. R. Evid. 412(a)(1) (making 'evidence offered to prove that a victim engaged in other sexual behavior' generally inadmissible). D was convicted and appealed.

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