EFTA00728161.pdf

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV- 80893 - MARRA/JOHNSON JANE DOE, Plaintiff, v. JEFFREY EPSTEIN, Defendants. EPSTEIN'S MOTION PURSUANT TO FED. IL EVID. 412(c1 TO ADMIT EVIDENCE OF JANE DOE'S AND OTHER WITNESSES' SEXUAL HISTORY AND INCORPORATED MOTION FOR LEAVE TO FILE SUPPLEMENTAL MOTION PURSUANT TO RULE 412(0 REGARDING OTHER WITNESSES Defendant, JEFFREY EPSTEIN ("Epstein"), pursuant to Fed. R. Evid. 412(c), moves to admit evidence of Jane Doe's and other witnesses' sexual history and moves for leave to file a supplemental motion pursuant to Rule 412 (c) regarding other witnesses' sexual history, and states: 1. Epstein files the instant motion pursuant to Rule 412(c), Federal Rules of Evidence, which provides that a party intending to offer evidence to prove the sexual behavior or sexual predisposition of any alleged victim "must file a written motion at least 14 days before trial specifically describing the evidence and stating the purpose for which it is offered...." See Fed. R. Evid. 412(c). 2. The motion is being filed under seal pursuant to Rule 412(cX2), Federal Rules of Evidence and is being served on the parties pursuant to Rule 412(cX1XEt). There is no need to "notify the alleged victim" as the alleged victim in this case is also the Plaintiff, Jane Doe. aqg Fed. R. Evid. 412(c)(1XB). EFTA00728161  3. Epstein requests the Court hold a "hearing in camera," which is required pursuant to Rule 412(cX2) to determine the admissibility of the evidence and "to afford the victim and parties a right to attend and be heard." Applicable Legal Principals and Case Law 4. Rule 412(a)(2), Federal Rules of Evidence, provides that "evidence offered to prove the sexual behavior or sexual predisposition of any alleged victim is admissible if it is otherwise admissible under these rules and its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party." 5. "The determination under such a balancing test is necessarily highly fact specific." See ad 105 F.3d 1339, 1343 (11th Cir. 1997). 6. Rule 412 "by no means prohibits evidence of the alleged victim's sexual conduct or sexual predisposition, for such evidence may be highly relevant in many civil cases." See Blackmon v. Buckner, 932 F. Supp. 1126, 1128 (S.D. Ind. 19%). 7. In plackmo_n, the plaintiff was sexually assaulted in the county jail by other inmates and sued jail officials, contending they violated his constitutional rights by acting with deliberate indifference to the threat posed to plaintiff by other inmates. See Blackmon, 932 F. Supp. at 1126. The plaintiff asserted he was the target of sexual taunting and harassment by other inmates. at 1128. The court found that plaintiff's own sexual behavior (teasing and taunting of inmates) was relevant and admissible as it "concerns a matter that plaintiff himself has put in dispute." Id. The defendants were entitled to rebut plaintiffs accusation that he was the target of teasing and taunting by introducing evidence "that plaintiff himself was engaging in teasing and taunting." 2 EFTA00728162  8. Moreover, a defendant is entitled to make reasonable attacks on a plaintiff credibility and motive and "[t]he fact that this attack on credibility and motive involves plaintiff's sexual conduct does not prohibit its use." a at 1129. 9. In addition, in Delaney v. City of Hampton, 999 F. Supp. 794, 795 (ED. Va. 1997), plaintiff sued the city and a former co-worker for sexual harassment, which she claimed caused "severe emotional distress which has led to Post Traumatic Stress Disorder...." The court admitted evidence of the plaintiff's prior sexual abuse "to show that other stressors in her life besides the alleged abuse by [defendant] might be responsible for her psychiatric condition [as] [t]his evidence would be highly probative as to both liability and damages." at 796. 10. Last, in Alberts v. Wickes Lumber Co.., 1995 WL 117886 *4 (N.D. III. 1995), the plaintiff sued her co-worker for sexual harassment, claiming that it caused severe emotional impairment and traumatized her. However, several weeks after the alleged incident, the plaintiff consented to meeting the alleged attacker in her car in the garage of her borne so she could show him the stereo system, at which time the defendant opened the glove compartment and saw condoms. Id. at *3. The court found that such evidence was relevant to her damage claims because "[a] person so traumatized would not place herself in such a position. The behavior is not what one would expect if the plaintiff's claims of emotional trauma are true." Id. at 4. The court suggested the probative value of such evidence outweighs the danger of damage or unfair prejudice. Id. Finally, the court observed that to allow plaintiff "to use these alleged experiences as evidence of her damages, but at the same time deny [defendant] the opportunity to prove that these claims are not true, would turn the rape `shield' law into a sword solely for the plaintiff's benefit." dI at *5. 3 EFTA00728163  Jane Doe's Prior Sexual Experiences to her first alleged 11. First, evidence of Jane Doe's sexual experiences prior has given conflicting accounts encounter with Epstein is relevant and admissible. Jane Doe before or alter meeting Epstein). She regarding the first time she had sex (i.e. whether it was after I met Jeffity Epstein I had sex with testified in deposition that "[p]robably a few months my first boyfriend," See 9/30/09 Deposition of Jane Doe ("Doe Depo") at 311 attached as Exhibit A). She also (relevant excerpts of Jane Doe's deposition transcript are to meeting Epstein — she had not testified that she did not have any sexual experiences prior t or any part of her genitalia, she had touched a man's penis, a man had never touched her breas or anal sex and had never disrobed never given a man oral sex, had never had sexual intercourse or exposed her breasts to a male. Id. at 233-35. M.D., that she did, 12. On the other hand, Jane Doe told Epstein's expert, Ryan Hall, in fact, have sex with prior to meeting Epstein. See 11/13/09 CME Transcript of Doe's CME Transcript are Jane Doe ("CME Transcript") at 86 (relevant excerpts of Jane went Epstein's house was "right attached as Exhibit B). Jane Doe also stated the first time she and I were broken up," suggesting she had sex with before after him meeting Epstein. Id. at 62-63. 13. , one of Jane Doe's ex-boyfriends, testified that Jane Doe told him that she slept with when she was 12 or 13 years old, which would be 0 Deposition of approximately 1 — 2 years before she met Epstein. Ssm 5/11/1 Depo") at 42 (relevant excerpts of deposition transcript are attached as (al Exhibit C) Doe had 14. There is also conflicting testimony regarding the number of times Jane ., that sex with Jane Doe told Dr. Hall and her own expert, L. Dennison Reed, Psy.D 4 EFTA00728164 she only had sex with once. CME Transcript at 86; see also 4/2/10 Report of L. Dennison Reed, Psy.D ("Reed Report") at 13 (relevant excerpts of Reed's Report arc attached as Exhibit E). . However, 1.111.1. Jane Doe's "best friend" from the time Jane Doe was 13, testified that Jane Doe probably had sex with =more than five times. See 5/11/10 Deposition of =MI at 41 (relevant excerpts of deposition transcript are attached as Exhibit 1)). 15. The issue is relevant because her expert witness, Dr. Reed, describes Jane Doe as "a sexually inexperienced and naïve 14-year old girl [making her] the 'perfect victim' for the likes of Jeffrey Epstein...." See Reed Report at 9. Dr. Reed also suggests that because Jane Doe was sexually inexperienced and "hadn't even engaged in petting or foreplay before meeting Epstein, [Jane Doe] didn't comprehend what was going on" and Epstein's advances "were initially quite confusing and disorienting to her." Id. at 13. Jane Doe has opened the door to evidence of her sexual experience with ay putting her sexual inexperience at issue. ate Blackmon, 932 F.Supp. at 1129 (holding that where plaintiff puts an issue in dispute, defendant is entitled to rebut plaintiff's evidence with plaintiff's own conduct). 16. Dr. Reed acknowledges the discrepancy between Jane Doe's statement to Dr. Hall, that she had sex witarior to meeting Epstein, and her current position — "she told me upon further reflection that she was 'sure' that the one and only time she had intercourse with was after Epstein began abusing her." See Reed Report at 13. 17. Thus, Jane Doe's sexual experiences with are highly relevant. If she did have sex with prior to meeting Epstein, this would controvert Dr. Reed's opinions regarding Jane Doe being sexually inexperienced and naive, making her the "perfect victim," and that Epstein's advances were confusing and disorienting because she had not even engaged in foreplay or petting. Allowing Jane Doe to use her sexual "[in]experience as 5 EFTA00728165 evidence of her damages, but at the same time deny [Epstein] the opportunity to prove that [this] claim() [is] not true, would be to tuna the rape `shield' law into a sword solely for the plaintiff's benefit." See Alberts 1995 WL 117886 at *5. 18. The issue also goes to her credibility. This is not the only subject on which Jane Doe has changed her "story" to benefit her case.' Dr. Reed admits that "[Jane Doe's] recollections about events happening years ago vary somewhat from interview to interview [which] is to be expected ... [w]hen there are strong motivations to `block out' certain painful memories." See Reed Report at 5. Epstein should be permitted to question Jane Doe and other witnesses about the inconsistencies regarding the first time she had sex and also question Dr. Reed about his explanation for Jane Doe's inconsistencies. ee Blackmon, 932 F.Supp. at 1129 (holding that a defendant is entitled to make reasonable attacks on a plaintiff' credibility and motive and "[t]he fact that this attack on credibility and motive involves plaintiff's sexual conduct does not prohibit its use."). 19. Accordingly, Epstein should be allowed to introduce evidence regarding Jane Doe's sexual experiences with an issue in which she has given conflicting accounts. Such evidence is highly probative for the reasons stated above and there is no danger of harm or unfair prejudice to Jane Doe as the issue merely concerns her first sexual partner. The evidence is not being introduced, for example, to impugn her character or show that Jane Doe was sexually promiscuous prior to meeting Epstein. Indeed, it only concerns one individual. 20. In accordance with Rule 412(c)(1XA), Federal Rules of Evidence, the specific evidence Epstein intends to introduce regarding Jane Doe's past sexual history is as follows: when she gave For example, on July 17, 2007, Jane Doe told an investigator that she did not remove her clothes that Epstein was "nice" and Epstein a massage, she denied e.eing Epstein masturbate during the massage, stated treated her with respect and that she was paid $100 for the massage. This statement directly contradicts her current allegations. 6 EFTA00728166 Evidence Purposes For Which It Is Offered a itir ane Doe had sex with To controvert Dr. Reed's opinions and any argument by Jane Doe's counsel regarding Jane Doe being sexually inexperienced and naive, making her the "perfect victim" and that Epstein's advances were confusing and disorienting because she had not even engaged in foreplay or petting. To controvert Jane Doe's testimony that prior to meeting Epstein, she had not touched a man's penis, a man had never touched her breast or any part of her genitalia, she had never given a man oral sex, had never had sexual intercourse or anal sex and had never disrobed or exposed her breasts to a male. To test Jane Doe's credibility since she gave conflicting accounts of when she first had sex. The nulatimes Jane Doe bad To test Jane Doe's credibility since she gave conflicting accounts sex with of when she first had sex and the number of times she had sex with The place or .laces where Jane Doe To test Jane Doe's credibility since she gave conflicting accounts had sex with of when she first had sex and the number of times she had sex with The details of Jane Doe's sexual To controvert Dr. Reed's opinions and any argument by Jane experience(s)with Doe's counsel regarding Jane Doe being sexually inexperienced and naive, making her the "perfect victim" and that Epstein's advances were confusing and disorienting because she had not even engaged in foreplay or petting. To controvert Jane Doe's testimony that she had not touched a man's penis, a man had never touched her breast or any part of her genitalia, she had never given a man oral sex, had never had sexual intercourse or anal sex and had never disrobed or exposed her breasts to a male. Jane Doe's Sexual Experiences in 2003 - 2005 21. Evidence of Jane Doe's sexual behavior during the time she was going to Epstein's house is relevant to Jane Doe's theory of liability and alleged damages. 22. Dr. Reed asserts that Jane Doe was experiencing significant distress during the time she was allegedly going to Epstein's house, which Jane Doe alleges was between February 2003 and June 2005. See First Am. Compl. (DE #38) ¶18. 7 EFTA00728167  23. Dr. Reed opined that Jane Doe's "level of distress during or around the time of Epstein's abuse (i.e. peritraumatic distress) was also significantly greater than the level of distress experienced by the `average' trauma exposed individual. In [Jane Doe's] case, intense feelings of helplessness, guilt, and shame contributed to her peritraumatic distress." See Reed Report at 27. 24. Epstein intends to introduce evidence of Jane Doe's relationships with other males during the 2003 — 2005 time period to refute the contention that Jane Doe was experiencing "significantly greater" distress than the average trauma exposed individual. Alternatively, if she was experiencing significant distress, evidence of her sexual relationship with other males will demonstrate that it did not have a significant impact on her sex life and may be attributable to other traumatic events in Jane Doe's past. See infra. 25. For example, la Jane Doe's ex-boyfriend, testified that they had intercourse approximately 10 times per week over a two year period during the time Jane Doe was allegedly going to Epstein's house. ate Depo at 30-31. They also engaged in oral and anal sex. Id. Mr. testified that sometimes Jane Doe seemed a little distant or was "not in the mood" for sex. 14, at 32. But when asked about the reason for the perceived "distance," testified that she was on drugs and "had family problems and stuff" Id. at 32-33. He did not attribute it to Epstein. 26. Despite occasionally being "not in the mood," Jane Doe and were regularly having sex, 10 times per week on average, during their two-year relationship. If Jane Doe was under "significant distress," it did not manifest itself in her sex life with 27. Jane Doe also testified that hit her on several occasions and described him as a "stalker" with a drug problem. Ses Doe Depo at 481, 483. Jane Doe also smashed windshield with a machete. Id. at 483. Thus, if Jane Doe was experiencing 8 EFTA00728168  nship with and/or significant distress, it may have been a result of her tumultuous relatio prison from ages 3 — 10 _(se_q Reed other traumatic events in her past, such as visiting her father in when she was 12 ad, at 7); Report at 6); witnessing her father beat his girlfriend's son to death at 8); her mother not feeding giving false testimony in court that he had not beaten the child (ii_i her and being addicted to crack cocaine Doe Depo at 357); her uncle punching her in the attacked by her mother's pit bull face (cla at 358); physical fights with siblings (a. at 362); being (j4 at 7), among other (see ReedReed Report at 6); and running away from home on several occasions things. 28. Jane Doe's relationship with and their sexual activity is relevant to time she was allegedly going to whether she experienced significant traumatic distress during the y sex life suggests a lack of Epstein's house, as maintained by Dr. Reed. A normal, health to demonstrate that it was not distress. Even if she was distressed, the evidence is relevant something other than Epstein. affecting her sex life and may have been caused by someone or claims of emotional trauma are This "behavior is not what one would expect if the plaintiff's d be admissible. See Alberts true," and as such is relevant to her alleged damages and shoul 1995 WL 117886 at *4. during the time 29. Jane Doe also had sexual relationships with several other males testified she had sex with she was allegedly going to Epstein's house. For example, she and before on 3-4 occasions when she was 15 or 16 years old (after more than 10 See Doe Depo at 480, 483-84. She also had sex with indivi duals is relevant to show times. 1 at 484. Evidence that Jane Doe had sex with these two was allegedly going to that Jane Doe had a relatively normal sex life during the time she significant distress during Epstein's house, which contradicts the assertion that she was under 9 EFTA00728169  ing that where plaintiff puts an issue this time period. See Blackmon, 932 F.Supp. at 1129 (hold with plaintiffs own conduct). in dispute, defendant is entitled to rebut plaintiff's claim for approximately eight 30. Jane Doe also had sexual relationship with with is relevant for the same (8) months. See Doe Depo at 487. Her relationship and and is additionally reasons as Jane Doe's sexual experiences with ex-boyfriend and father of. child. relevant because he is the brother of in's house for the first time. Jane Doe's was a friend of Jane Doe who brought her to Epste relationship with essentially "connects the dots" to her relationship with■ go to the issue of choice 31. Jane Doe's sexual experiences during 2003 — 2005 also she felt as though she could not say and volition. Dr. Reed asserts and Jane Doe has stated that in's alleged requests for oral sex and "no" to Epstein. However, Jane Doc declined Epste and oral sex with intercourse. $ Reed Report at 13-14. If Jane Doe was having intercourse in's house, this would suggest that Jane other males at the time she was allegedly going to Epste about what she would and would Doc understood sex and sexuality and drew specific boundaries not do with Epstein. ally manipulated 32. It also contradicts Dr. Reed's opinion that Epstein psychologic d of time" so she would "freely choose and "groomed" Jane Doe to obtain her trust "over a perio Report at 9-10. If Jane Doe was to reciprocate ... by becoming sexually responsive." am Reed going to Epstein's house, and at the having sex with other individuals while she was allegedly but refusing to engage in intercourse or oral same time continuing to give Epstein nude massages psychologically manipulated, but rather sex, such evidence would suggest that Jane Doe was not do for money. made a conscious decision regarding what she was willing to 33. Indeed, Jane Doe told that she was cleaning an elderly lady's house in Palm Beach for $300 - $500. See Depo at 22-23. When money got tight, Jane 10 EFTA00728170 Doe would say "I'll call the lady from Palm Beach and see if she wants me to clean her house." Id. at 23. MINtestified that "Jane Doe seemed happy when she had the money" and would tell him "hey, look how much money I made." Id. at 22-23. 34. During the two and a half year period Jane Doe alleges she went to Epstein's house, she became more sexually experienced and had different types of relationships — a few sexual experiences with Maa steady 2-year relationship with MM. and sexual relationships with and Yet despite her sexual maturation during 2003 — 2005, she continued to go to Epstein's house. 35. Even assuming arguendo that Jane Doc was "sexually inexperienced" when she first allegedly went to Epstein's house2 and thus the "perfect victim" for Epstein to psychologically manipulate into a compliant victim ( e Reed Report at 9), evidence of her sexual experiences during the time she was going to Epstein's house is relevant to show she became sexually experienced over that time period and continued to go to Epstein's house. Tier sexual experiences are relevant to test Dr. Reed's theory regarding Jane Doe's sexual inexpr.,ience and naivety as contributing to her "victimization" by Epstein. How does Dr. Reed account for Jane Doe continuing to go to Epstein's house after she passed the "sexually inexperienced" phase? Again, Jane Doe has opened the door to evidence of her sexual relationships during the time she was going to Epstein's house by placing her sexual inexperience at issue. Allowing Jane Doe to use her sexual "[in]experience as evidence of her damages, but at the same time deny [Epstein] the opportunity to prove that [this] claimj] [is] not true, would be to turn the rape `shield' law into a sword solely for the plaintiff's benefit" See Alberts 1995 WL 117886 at *5. 2 See supra as to the discrepancy regarding whether Jane Doc had sex for the lint time before or after she started allegedly going to Epstein's house. 11 EFTA00728171  Doe's character or to 36. Again, this evidence is not being offered to impugn Jane the evidence suggests Jane Doe's sex suggest she was sexually promiscuous. To the contrary, likelihood of unfair prejudice or harm life during 2003 — 2005 was relatively normal. Thus, the ined above, is substantial. is minimal to non-existent. The probative value, as expla Evidence, the specific 37. In accordance with Rule 412(eX1XA), Federal Rules of Doe's sexual experiences during 2003 - evidence Epstein intends to introduce regarding Jane 2005 is as follows: Evidence Purposes For WhichIt Is Offered Dr. Reed's opinions and any argument by Jane Jane Doe's relationship, inclidag, To controvert being sexually inexperienced relationship, with ,IM Doe's counsel regarding Jane Doe the frequency and naive, making her t " victim." Evidence of Jane Taira and the types of Doe's relationship with demon strates that Jane Doe of sex with enced yet continued to go to sex they had. eventually became sexually experi Epstein's house. To contradict Jane Doe's testimony that she felt she could not say "no" to Epstein. Jane Doe made a conscious decision not to have intercourse orill with Epstein. Jane Doe's sexual experiences with during that same time period demonstrate that she chose to engage in those acts with him, but would not do the same with Epstein. For the same reasons, this evidence rebuts Dr Reed's contention that Epstein psychologically manipulated and "groomed" Jane Doe to be a compliant victim. To refute the contention that Jane Doe was experiencing "significantly greater" distress than the average trauma exposed individual during the time she was going to Epstein's house. Alternatively, if she was experiencing dike evidence will suggest it did not affect ha sex life with To demonstrate Jane Doe's sexual maturation during the time she was going to Epstein's house. 12 EFTA00728172 Jane Doe's sexual relationship with To controvert Dr. Reed's opinions and any argument by Jane rienced including the number of Doe's counsel regarding Jane Doe being sexually inexpe and naive, making her thilact victim." Evidence of Jane times she had sex with him and the demonstrates that Jane Doe types of sex they had. Doe's relationship with eventually became sexually experi enced yet continued to go to Epstein's house. not To contradict Jane Doe's testimony that she felt she could on not to say "no" to Epstein. Jane Doe made a conscious decisi have intercourse or oral sex with Epstein. Jane Doe's sexual experiences with "George" during that same time period but demonstrate that she chose to engage in those acts with him, would not do the same with Epstein. For the same reason s, this evidence rebuts Dr. Reed's contention that Epstein a psychologically manipulated and "groomed" Jane Doe to be compliant victim. To refute the contention that Jane Doe was experiencing ed "significantly greater" distress than the average trauma expos Epste in's house . individual during the time she was going to This evidence suggests that Jane Doe had a relatively norma l sex lift during 2003 — 2005. To demonstrate Jane Doe's sexual maturation during the time she was going to Epstein's house. Jane Doe's sexual relationship with To controvert Dr. Reed's opinions and any argument by Jane d including the number of Doe's counsel regarding Jane Doe being sexually inexperience m and naive, making her the .ifec t victim ." Evide nce of Jane times she had sex with him and the demonstrates that Jane Doe types of sex they had. Doe's relationship with eventually became sexually experienced yet continued to go to Epstein's house. To contradict Jane Doe's testimony that she felt she could not say "no" to Epstein. Jane Doe made a conscious decision not to have intercourse or oral sex with Epstein. Jane Doe's sexual experiences with during that same time period demonstrate that she chose to engage in those acts with him, but would not do the same with Epstein. For the same reasons, this Epstein evidence rebuts Dr. Reed's contention that psychologically manipulated and "groomed" Jane Doe to be a compliant victim. To refute the contention that Jane Doe was experiencing "significantly greater" distress than the average trauma exposed individual during the time she was going to Epstein's house. sox This evidence suggests that Jane Doe had a relatively normal life during 2003 — 2005. the time To demonstrate Jane Doe's sexual maturation during she was going to Epstein's house. 13 EFTA00728173  ne Doe's sexual relationship with To controvert Dr. Reed's opinions and any argument by Jane including the number Doe's counsel regarding Jane Doe being sexually inexperienced of times she had sex with him and the and naive, making her the " rfect victim." Evidence of Jane types of sex they had. Doe's relationship with demonstrates that Jane Doe eventually became sexually experienced yet continued to go to Epstein's house. To contradict Jane Doe's testimony that she felt she could not say "no" to Epstein. Jane Doc made a conscious decision not to have intercourse or oral sex with Epstein. Jane Doe's sexual experiences with Sprague during that same time period demonstrate that she chose to engage in those acts with him, but would not do the same with Epstein. For the same reasons, this evidence rebuts Dr. Reed's contention that Epstein psychologically manipulated and "groomed" Jane Doe to be a compliant victim. To refute the contention that Jane Doe was experiencing "significantly greater" distress than the average trauma exposed individual during the time she was going to Epstein's house. This evidence suggests that Jane Doe had a relatively normal sex life during 2003 — 2005. To demonstrate Jane Doe's sexual maturation during the time she was going to Epstein's house. To e. a a relation hi veen Jane Doe and M. rotlt is the ex- boyfriend o o a ter of child. rought Jane Doe to Epstein's house for the first time. Jane Doe's Subsequent Sexual Activity and Employment as a Stripper 38. Jane Doe's sexual relationship with ■her current boyfriend of over three years and father of her child, is relevant to Jane Doe's damages. 39. Specifically, Jane Doe told Epstein's expert, DAN that she has a normal and satisfying sexual relationship with and that they have sex twice per week and take turns initiating it. Sge CAE Transcript at 179-80. 40. Dr. Reed also concludes that Jane Doe's responses to the Trauma Symptom Inventory "were within normal limits" regarding "sexual concerns." Sge Reed Report at 27. 14 EFTA00728174  Doe's sexual 41. Epstein should be permitted to offer evidence regarding Jane and not a part of her damages. relationship with= specifically, that is normal and satisfying late as to whether Jane Doe's If the jury does not hear this evidence, they will be left to specu ed by Epstein's alleged conduct. ability to have a satisfying sexual relationship has been affect nters with 42. Next, when Jane Doe was 18 years old, subsequent to her alleged encou Epstein, she worked as a stripper. Reed Report at 22. predisposed her 43. Dr. Reed opined that "Epstein's sexual abuse of Jane Doe clearly Reed also notes that "[vjictims of to enter into this profession." See Reed Report at 22. Dr. women who work as strippers" and child sexual abuse are disproportionately represented among l arena." Id. are often motivated by the "sense of being `in control' in the sexua yment as a stripper 44. Dr. Reed has opened the door to evidence of Jane Doe's emplo ine Jane Doe regarding the by attributing it to Epstein. Epstein should be entitled to cross-exam a sense of being in control, as details of her work as a stripper. Did Jane Doe do it to gain have worked as stripper suggested by Dr. Reed? Are there other reasons Jane Doe might to delve into these subjects to rebut unrelated to Epstein? Certainly, Epstein should be permitted e a stripper. ee Judd v. Dr. Reed's opinion that Epstein predisposed Jane Doe to becom district court did not abuse its J an. 105 F.3d 1339, 1343 (11th Cir. 1997) (holding that the Rodm er as it was relevant to her discretion in admitting evidence that plaintiff worked as a stripp 1129 (holding that where plaintiff damages for emotional distress); Blackmon, 932 F.Supp. at claim with plaintiff's own puts an issue in dispute, defendant is entitled to rebut plaintiff's conduct). Moreover, Jane Doe met her current boyfriend, while working as a 45. attempts to blame Epstein for stripper. &I Doe Depo at 491. Thus, to the extent Jane Doe in should be permitted to point allegedly causing her predisposition to become a stripper, Epste 15 EFTA00728175 out that Jane Doe met her current boyfriend and the father of her child (a relationship in which she is happy and satisfied) while so employed. 46. In accordance with Rule 412(cXlXA), Federal Rules of Evidence, the specific evidence Epstein intends to introduce regarding Jane Doe's sexual experiences subsequent to her alleged encounters with Epstein and employment as a stripper: Evidence Purposes For Which It Is Offered Jane Doe's relationship, inS , H. To demonstrate that Jane Doe has a normal and satisfying sexual sexual relationship, with 1=1 relationship with her current boyfriend and that she is not This includes the frequency of claiming any damages in that regard. sex with Batu, the types of sex they have and her feeling about their sexual relationship. Jane Doe's employment as a stripper, To controvert Dr. Reed's assertion that Epstein essentially including the relevant time periods, caused Jane Doe to become a stripper. the establishments where she worked the To establish e Doe met her current boyfriend and father nature of the work, and the of her child, while working as a stripper. To the extent circumstances surrounding her Jane Doe suggests it was Epstein's "faille" that she became a meeting Batu. stripper, evidence of that she started her current relationship, which she contends she is happy and satisfied with, while working as a stripper should be admitted counter the suggestion that it was a negative experience for her. Evidence of Sexual History of Other Females 47. Epstein and Jane Doe intend to cal.and ■ as witnesses in Jane Doe's trial. and■were both friends of Jane Doe and. brought Jane Doe to Epstein's house for the first time. 48. Epstein does not intend to offer any evidence covered by Rule 412, Federal Rules of Evidence, regarding or'Sexual behavior or predisposition. Epstein contends that In and ■ should be prohibited from testifying to their alleged encounters with Epstein and therefore evidence under Rule 412 would likely be unnecessary.; 3 Epstein has filed a Motion in Lanine to Exclude Evidence of Other Females and Similar Fact Evidence (DE #198). 16 EFTA00728176  49. However, to the extent the Court allows ■ and ■ to testify regarding their own alleged encounters with Epstein pursuant to Rules 413, 414 and 415, Federal Rules of Evidence, evidence of their sexual behavior or predisposition might become relevant depending on the scope of the permitted testimony.4 50. In addition, to the extent the Court allows other females to testify regarding their encounters with Epstein pursuant to Rules 413, 414 and 415, Federal Rules of Evidence, evidence of their sexual behavior or predisposition might become relevant depending on the scope of the permitted testimony. 51. While Jane Doe filed a Notice Regarding Evidence of Similar Acts of Sexual Assault (DE #197), her "summary of the substance of any testimony that is expected to be offered," as required by Rule 415 (b), Federal Rules of Evidence, is grossly insufficient and fails to provide any "substance" of the anticipated testimony of the 15 witnesses.5 The summaries of each witness's testimony are identical, save for the witnesses name and age: [Witnesses initials] — When she was approximately [age] years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions.