Whether the criminal defendant's constitutional trial rights require the admission of the complainant's other prostitution activities to rebut the government's narrative of coercion

QUESTIONS PRESENTED 1. The crime of Sex Trafficking by Force, Fraud, or Coercion, 18 U.S.C. § 1591, by virtue of its definitions of “coercion” and “serious harm,” allows the government to pursue a theory of liability that takes account of “a reasonable person of the same background and in the same circumstances” as the complainant to prove the person was coerced into prostitution. Federal Rule of Evidence (FRE) 412 bars admission of evidence of a complainant’s other sexual conduct in a criminal case unless the evidence is constitutionally required. The question is, do the criminal defendant’s constitutional trial rights of due process, confrontation, and compulsory process require the admission of the complainant’s other prostitution activities in order to rebut the government’s narrative of coercion based on a relationship of dependency? 2. FRE 412(c)(1) requires a criminal defendant to provide notice 14 days before trial of his intent to offer evidence of sexual conduct of the complainant, describing the evidence and the purpose for which it is offered. The question is, is FRE 412(c)(1) satisfied by a description of the testimony defendant intends to elicit, or must defendant provide documentary or other evidence backing up his assertion that the complainant engaged in the described conduct? If the later, does the defendant nevertheless have an overriding constitutional right to elicit the evidence despite the notice violation? ii LIST OF PROCEEDINGS 1. United States of America v. Johnl Jackson, United States District Court, District of Oregon, Case Number 3:19-CR-00458-MO-1. Judgment entered July 25, 2022. 2. United States of America v. Johnl Jackson, United States Court of Appeals for the Ninth Circuit, Case Number 22-30133. Judgment entered October 30, 2023.