Hebner

I. Background

Hebner was convicted after a jury trial in California state court of four counts of forcible rape and one count each of attempted rape, assault by force likely to produce great bodily injury, and false imprisonment. The victim, named Kim, posi- tively identified Hebner, testified that she was certain that he was the man who raped her, and denied ever having con- sented to sexual intercourse with him. A hospital nurse testi- fied that during an examination of Kim she discovered secretions on Kim’s inner thighs, fingernail-shaped marks on her left hand, and two bruises on her right arm. Kim told her the man’s name was “Al” and that he had threatened to kill her. A forensic expert testified that there was sperm present in the vaginal smear from Kim and on the swab from her inner thighs and clothing.

The evidence against Hebner also included testimony about another sexual offense allegedly committed by Hebner. That was presented in the form of testimony by Penelope, who identified Hebner as the man who raped her seven years before. The court admitted Penelope’s testimony under Cali- 12988 HEBNER v. MCGRATH fornia Evidence Code § 11081 as proof of…