Superior Court Judge Matthew Braner's tentative ruling could allow civil attorneys to ask about her sexual encounters for roughly a year leading up to the alleged incident in fall 2021
A judge on Friday signaled that NFL hopeful Matt Araiza will be allowed to inquire about the sexual history of the woman who accused him and other men of rape at a house party near San Diego State University.
“That is a extraordinary type of order,” Semerdjian said. “It’s not normally granted. You have to show the extraordinary circumstances.” Braner’s decision would not mean that the information attorneys glean about the woman’s past would be admissible in court. It would only open the door for defense attorneys to ask questions.
For example, he said, the history can be used in civil court as evidence that the alleged damages were not caused by a defendant, but someone else. The woman’s lawsuit alleges Araiza had sex with her in a side yard of the residence then brought her into a bedroom where she said men took turns raping her. The woman told San Diego police detectives she was not scared, but felt “defeated” so she cooperated to avoid being hurt.
Braner’s tentative ruling notes that Araiza’s attorneys listed three reasons they argued supported their bid to ask “limited and tailored” questions about sexual past: her claim of personal harm; their argument that she possessed the capacity to consent to any sexual encounters with their client; and statements — caught on video — they allege she made about her age and number of partners while at a different party the previous night.
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