Kvasnikoff v. State’s Empirical Analysis

Citation profile

14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Until recently, female victims of heterosexual rape suffered under a rule of relevancy which reflected the view that a woman who consented to sex with one individual was more likely to have consented to sex with another. This rule was finally rejected [as] more a creature of ... male fantasy ... than one of logical inference.”

   2 later decisions quote this exact passage
   e.g. Heath v. State · Napoka v. State

2. “The trial judge in this case was understandably concerned that the main issue in the trial would become the sexuality of the victim rather than the conduct of the defendant on the occasion in question. In addition, the probative value of the evidence was diminished by the fact that none of it involved prior sexual conduct between [the victim] and the defendant. Rather it involved conduct between [the victim] and third persons.”

   1 later decision quote this exact passage
   e.g. In re O.O.A.

3. “Trial courts should focus on factors other than sexual preference in determining what evidence is relevant and has probative value with regard to the defense of consent. Evidence which tends to demonstrate past sexual conduct under circumstances which are substantially similar to the act now charged has greater probative value and relevancy. See State v. Mounsey, [ 31 Wash.App. 511 ] 643 P.2d 892, 898 (Wash.App.1982).”

   1 later decision quote this exact passage · from the dissent
   e.g. Williamson v. State