A local judge will decide on March 31 if a woman who accused an Ohio University student of rape will be forced to testify in court.
Judge Michael Ward blocked a subpoena requiring the woman to appear in court Tuesday because she had a final exam. Ward postponed a hearing on the matter until March 31.
The woman, a sophomore, told police on Sept. 28 that Matthew C. Kulchar raped her repeatedly in her dorm room over four hours earlier that day. A grand jury indicted Kulchar on Oct. 14 for rape, kidnapping and tampering with evidence.
At the time, Kulchar was a sophomore studying political science and pre-law. He did not re-enroll at the university for Winter Quarter.
The hearing could further jeopardize her quarter and only work to harass her
wrote Robert P. Driscoll, chief assistant county prosecutor, in a court filing. Shown the subpoena on Tuesday, Driscoll said he could not comment on it because he wasn't familiar with it.
There is no evidentiary value that can be gained from her testimony Driscoll wrote.
Kulchar's attorney, Robert Toy, told the judge in January that he intends to bring up the woman's past sexual history with Kulchar. Toy also introduced phone records and text messages that show the woman attempted to contact Kulchar numerous times in the month after she contacted police.
Ohio law allows a victim's past sexual history with an offender to be introduced in court, but only if a judge decides the victim's history won't create bias that would overshadow the evidence itself.
Denise Brooks, director of Victim's Assistance for the county prosecutor's office, said the state's rape shield law generally prevents the victim's sexual history from being introduced in court. The law, though, has exceptions.
For me it points to 'We're going to point to everything you've done wrong.' And it's going to deflect from what the defendant has done
Brooks said.
Asked whether he would push for the woman's testimony on March 31, Toy was non-committal.
Whatever I decide
Toy said, adding Kulchar has a right to call witnesses that can help his case.
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Dave Hendricks
