State charged Mason Blair in juvenile court with rape in the
second degree of another juvenile, EF. Blair and EF both
testified at trial. The defense attempted to cross-examine EF
if, prior to accusing Blair of rape, she knew Blair had a
criminal history of sexual crimes. The trial court allowed
limited cross-examination on this topic. On appeal, Blair
argues that the trial court violated his constitutional right
to present a defense and to confront witnesses by limiting
cross-examination. We affirm.
April 30, 2016, Blair and his female cousin KA each invited a
friend to join them for a sleepover at their
grandmother's house. Blair brought his male friend BS; KA
brought her female friend EF. EF had a boyfriend, who was not
present. The four teens spent the evening together. Around
midnight, the two girls went to bed in KA's room and the
two boys went to bed in Blair's room.
in the night, the boys entered KA's room and told EF to
leave so that KA and BS could spend time together. At this
point EF's and Blair's versions of what happened
she went to Blair's room and laid on the bed. Blair
entered, sat next to EF, attempted to kiss her, and asked EF
to have sex with him. EF refused, saying "No. I have a
boyfriend." 1 Report of Proceedings (RP) at 134.
testified that Blair then held her down on the bed, removed
her leggings, and raped her. Blair ignored her repeated
requests that he "stop" and "get off [of
her]." 1 RP at 28; 1 RP at 134-36. Eventually, EF pushed
Blair off with her knee and left the room. EF and KA left the
house shortly thereafter. EF went to the hospital, where she
received a sexual assault examination.
claims that while lying next to EF on the bed, he and EF
"shared a mutual kiss" that lasted until Blair
attempted to remove EF's pants. 2 RP at 192. EF stopped
him, removed the pants herself, and laid back on the bed.
They then had intercourse. Blair stated that EF soon became
nervous Blair's grandmother would come in. She insisted
they stop, and they did. Blair initially denied that EF ever
told him "no" or "stop." 2 RP at 193. In
a later statement, Blair acknowledged that after intercourse
began EF told him to "stop" and "get off"
because she was afraid they would be caught. 2 RP at 197,
215. Blair told EF to "just let it happen." 2 RP at
State charged Blair with rape in the second degree by
forcible compulsion. The matter proceeded to trial.
to the events giving rise to this case, Blair had two
adjudications for sexual crimes, one count of indecent
liberties and one count of attempted rape of a child in the
first degree. At the time of the sleepover, Blair was serving
a Special Sex Offender Disposition Alternative (SSODA)
sentence for these convictions. The court did not admit any
direct evidence of prior convictions at trial. However, trial
testimony established that Blair was on probation, that he
had at least one prior offense that was sexual in nature, and
that EF knew why Blair was on probation.
EF's cross-examination, Blair attempted to elicit
testimony that EF knew about his criminal history prior to
accusing him of rape. The following exchange occurred:
[Defense]: Okay. And while you were there you learned that
[Blair] was on probation, correct?
[Defense]: And you learned that [Blair] had a history of
[Prosecutor]: Objection. Again, beyond the scope of direct.
THE COURT: Sustained.
[Defense]: Did you learn what [Blair] was on ...