The People of the State of Colorado v. Donald Louis Gerle.

Summary

The court reversed the court of appeals and held that the trial court properly excluded texts describing the defendant's prior sexual BDSM role-playing because they were irrelevant to whether the victim consented to confinement or whether the defendant intended to confine and assault her. The charged conduct was materially different from the sexual encounter described in the texts, and the texts therefore invited speculation rather than establishing consent or lack of intent. The court left undisturbed the conclusion that the rape shield statute did not apply because the charges were not sexual offenses and the victim was not alleged to have been sexually assaulted.