Oregon v. MacBale
Annotate this CaseDefendant Dean MacBale petitioned the Supreme Court for a writ of mandamus to order the trial court in his case to hold a public hearing to determine the admissibility of a rape victim's past sexual conduct, notwithstanding the state Rape Shield law. Defendant claimed that the victim made false allegations against him so that she could later bring a civil action against him for money damages. Defendant wanted to present evidence that the victim had a habit of falsely accusing men for later financial gain. Before his criminal trial, Defendant filed a motion under the Rape Shield law to determine the admissibility of the victim's conduct. The court granted the motion for a hearing, but denied making the hearing public in accordance with the Rape Shield Law. Upon review, the Supreme Court concluded that a hearing to determine admissibility of evidence under the Rape Shield Law does not constitute an "administration of justice" for the purposes of Article I, Section 10 of the Oregon Constitution, and therefore, such hearing could be closed to the public.
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