People v. Mesbahi CA6

FACTS

A group that included defendant took 15-year-old Marina Doe to a secluded location, where defendant and another man persuaded her to intoxicate herself by imbibing an alcoholic beverage. According to defendant, Marina kissed him and told him she wanted to be his “birthday present,” an offer he declined. Marina told a different story to the police, a nurse who conducted a Sexual Assault Response Team (SART) examination, and the jury: after defendant got her drunk, he raped her and used a finger to penetrate her vagina against her will. Forensic evidence supported her version of events. We will present additional details below.

DISCUSSION

I. Admitting Rebuttal Evidence of Second SART Examination

Defendant claims the trial court erred under state law by allowing the prosecution to introduce rebuttal evidence offered to counter evidence adduced by the defense,

2 including the testimony of the defense’s medical-expert witness and testimony from the SART nurse on cross-examination. We find no error. The SART nurse, a prosecution witness, testified that the SART examination showed injuries, in the form of two reddened areas and one abrasion, in the victim’s pubic area. “If I…