EFTA00728161

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO.: 08-CIV- 80893 - MARRA/JOHNSON 
JANE DOE, 
Plaintiff, 
v. 
JEFFREY EPSTEIN, 
Defendants. 
EPSTEIN'S MOTION PURSUANT TO FED. IL EVID. 412(c1 
TO ADMIT EVIDENCE OF JANE DOE'S AND OTHER WITNESSES' SEXUAL 
HISTORY AND INCORPORATED MOTION FOR LEAVE TO FILE SUPPLEMENTAL 
MOTION PURSUANT TO RULE 412(0 REGARDING OTHER WITNESSES 
Defendant, JEFFREY EPSTEIN ("Epstein"), pursuant to Fed. R. Evid. 412(c), moves to 
admit evidence of Jane Doe's and other witnesses' sexual history and moves for leave to file a 
supplemental motion pursuant to Rule 412 (c) regarding other witnesses' sexual history, and 
states: 
1. 
Epstein files the instant motion pursuant to Rule 412(c), Federal Rules of 
Evidence, which provides that a party intending to offer evidence to prove the sexual behavior or 
sexual predisposition of any alleged victim "must file a written motion at least 14 days before 
trial specifically describing the evidence and stating the purpose for which it is offered...." See 
Fed. R. Evid. 412(c). 
2. 
The motion is being filed under seal pursuant to Rule 412(cX2), Federal Rules of 
Evidence and is being served on the parties pursuant to Rule 412(cX1XEt). There is no need to 
"notify the alleged victim" as the alleged victim in this case is also the Plaintiff, Jane Doe. aqg 
Fed. R. Evid. 412(c)(1XB). 
EFTA00728161

3. 
Epstein requests the Court hold a "hearing in camera," which is required pursuant 
to Rule 412(cX2) to determine the admissibility of the evidence and "to afford the victim and 
parties a right to attend and be heard." 
Applicable Legal Principals and Case Law 
4. 
Rule 412(a)(2), Federal Rules of Evidence, provides that "evidence offered to 
prove the sexual behavior or sexual predisposition of any alleged victim is admissible if it is 
otherwise admissible under these rules and its probative value substantially outweighs the danger 
of harm to any victim and of unfair prejudice to any party." 
5. 
"The determination under such a balancing test is necessarily highly fact 
specific." See ad 
105 F.3d 1339, 1343 (11th Cir. 1997). 
6. 
Rule 412 "by no means prohibits evidence of the alleged victim's sexual conduct 
or sexual predisposition, for such evidence may be highly relevant in many civil cases." See 
Blackmon v. Buckner, 932 F. Supp. 1126, 1128 (S.D. Ind. 19%). 
7. 
In plackmo_n, the plaintiff was sexually assaulted in the county jail by other 
inmates and sued jail officials, contending they violated his constitutional rights by acting with 
deliberate indifference to the threat posed to plaintiff by other inmates. See Blackmon, 932 F. 
Supp. at 1126. The plaintiff asserted he was the target of sexual taunting and harassment by 
other inmates. 
at 1128. The court found that plaintiff's own sexual behavior (teasing and 
taunting of inmates) was relevant and admissible as it "concerns a matter that plaintiff himself 
has put in dispute." Id. The defendants were entitled to rebut plaintiffs accusation that he was 
the target of teasing and taunting by introducing evidence "that plaintiff himself was engaging in 
teasing and taunting." 
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EFTA00728162

8. 
Moreover, a defendant is entitled to make reasonable attacks on a plaintiff 
credibility and motive and "[t]he fact that this attack on credibility and motive involves 
plaintiff's sexual conduct does not prohibit its use." a at 1129. 
9. 
In addition, in Delaney v. City of Hampton, 999 F. Supp. 794, 795 (ED. Va. 
1997), plaintiff sued the city and a former co-worker for sexual harassment, which she claimed 
caused "severe emotional distress which has led to Post Traumatic Stress Disorder...." The 
court admitted evidence of the plaintiff's prior sexual abuse "to show that other stressors in her 
life besides the alleged abuse by [defendant] might be responsible for her psychiatric condition 
[as] [t]his evidence would be highly probative as to both liability and damages." 
at 796. 
10. 
Last, in Alberts v. Wickes Lumber Co.., 1995 WL 117886 *4 (N.D. III. 1995), the 
plaintiff sued her co-worker for sexual harassment, claiming that it caused severe emotional 
impairment and traumatized her. However, several weeks after the alleged incident, the plaintiff 
consented to meeting the alleged attacker in her car in the garage of her borne so she could show 
him the stereo system, at which time the defendant opened the glove compartment and saw 
condoms. Id. at *3. The court found that such evidence was relevant to her damage claims 
because "[a] person so traumatized would not place herself in such a position. The behavior is 
not what one would expect if the plaintiff's claims of emotional trauma are true." Id. at 4. The 
court suggested the probative value of such evidence outweighs the danger of damage or unfair 
prejudice. 
Id. 
Finally, the court observed that to allow plaintiff "to use these alleged 
experiences as evidence of her damages, but at the same time deny [defendant] the opportunity to 
prove that these claims are not true, would turn the rape `shield' law into a sword solely for the 
plaintiff's benefit." dI
 at *5. 
3 
EFTA00728163

Jane Doe's Prior Sexual Experiences 
11. 
First, evidence of Jane Doe's sexual experiences prior to her first alleged 
encounter with Epstein is relevant and admissible. Jane Doe has given conflicting accounts 
regarding the first time she had sex (i.e. whether it was before or alter meeting Epstein). She 
testified in deposition that "[p]robably a few months after I met Jeffity Epstein I had sex with 
my first boyfriend," 
See 9/30/09 Deposition of Jane Doe ("Doe Depo") at 311 
(relevant excerpts of Jane Doe's deposition transcript are attached as Exhibit A). She also 
testified that she did not have any sexual experiences prior to meeting Epstein — she had not 
touched a man's penis, a man had never touched her breast or any part of her genitalia, she had 
never given a man oral sex, had never had sexual intercourse or anal sex and had never disrobed 
or exposed her breasts to a male. Id. at 233-35. 
12. 
On the other hand, Jane Doe told Epstein's expert, Ryan Hall, M.D., that she did, 
in fact, have sex with 
prior to meeting Epstein. See 11/13/09 CME Transcript of 
Jane Doe ("CME Transcript") at 86 (relevant excerpts of Jane Doe's CME Transcript are 
attached as Exhibit B). Jane Doe also stated the first time she went Epstein's house was "right 
after him 
and I were broken up," suggesting she had sex with 
before 
meeting Epstein. Id. at 62-63. 
13. 
, one of Jane Doe's ex-boyfriends, testified that Jane Doe told him 
that she slept with 
when she was 12 or 13 years old, which would be 
approximately 1 — 2 years before she met Epstein. Ssm 5/11/10 Deposition of 
(al 
Depo") at 42 (relevant excerpts of 
deposition transcript are attached as 
Exhibit C) 
14. 
There is also conflicting testimony regarding the number of times Jane Doe had 
sex with 
Jane Doe told Dr. Hall and her own expert, L. Dennison Reed, Psy.D., that 
4 
EFTA00728164

she only had sex with 
once. 
CME Transcript at 86; see also 4/2/10 Report of L. 
Dennison Reed, Psy.D ("Reed Report") at 13 (relevant excerpts of Reed's Report arc attached as 
Exhibit E). . However, 1.111.1. 
Jane Doe's "best friend" from the time Jane Doe was 
13, testified that Jane Doe probably had sex with =more 
than five times. See 5/11/10 
Deposition of =MI 
at 41 (relevant excerpts of 
deposition transcript are 
attached as Exhibit 1)). 
15. 
The issue is relevant because her expert witness, Dr. Reed, describes Jane Doe as 
"a sexually inexperienced and naïve 14-year old girl [making her] the 'perfect victim' for the 
likes of Jeffrey Epstein...." See Reed Report at 9. Dr. Reed also suggests that because Jane Doe 
was sexually inexperienced and "hadn't even engaged in petting or foreplay before meeting 
Epstein, [Jane Doe] didn't comprehend what was going on" and Epstein's advances "were 
initially quite confusing and disorienting to her." Id. at 13. Jane Doe has opened the door to 
evidence of her sexual experience with ay 
putting her sexual inexperience at 
issue. ate Blackmon, 932 F.Supp. at 1129 (holding that where plaintiff puts an issue in dispute, 
defendant is entitled to rebut plaintiff's evidence with plaintiff's own conduct). 
16. 
Dr. Reed acknowledges the discrepancy between Jane Doe's statement to Dr. 
Hall, that she had sex witarior 
to meeting Epstein, and her current position — "she told 
me upon further reflection that she was 'sure' that the one and only time she had intercourse with 
was after Epstein began abusing her." See Reed Report at 13. 
17. 
Thus, Jane Doe's sexual experiences with 
are highly relevant. If 
she did have sex with 
prior to meeting Epstein, this would controvert Dr. Reed's 
opinions regarding Jane Doe being sexually inexperienced and naive, making her the "perfect 
victim," and that Epstein's advances were confusing and disorienting because she had not even 
engaged in foreplay or petting. 
Allowing Jane Doe to use her sexual "[in]experience as 
5 
EFTA00728165

evidence of her damages, but at the same time deny [Epstein] the opportunity to prove that [this] 
claim() [is] not true, would be to tuna the rape `shield' law into a sword solely for the plaintiff's 
benefit." See Alberts 1995 WL 117886 at *5. 
18. 
The issue also goes to her credibility. This is not the only subject on which Jane 
Doe has changed her "story" to benefit her case.' 
Dr. Reed admits that "[Jane Doe's] 
recollections about events happening years ago vary somewhat from interview to interview 
[which] is to be expected ... [w]hen there are strong motivations to `block out' certain painful 
memories." See Reed Report at 5. Epstein should be permitted to question Jane Doe and other 
witnesses about the inconsistencies regarding the first time she had sex and also question Dr. 
Reed about his explanation for Jane Doe's inconsistencies. 
ee Blackmon, 932 F.Supp. at 1129 
(holding that a defendant is entitled to make reasonable attacks on a plaintiff' credibility and 
motive and "[t]he fact that this attack on credibility and motive involves plaintiff's sexual 
conduct does not prohibit its use."). 
19. 
Accordingly, Epstein should be allowed to introduce evidence regarding Jane 
Doe's sexual experiences with an 
issue in which she has given conflicting 
accounts. Such evidence is highly probative for the reasons stated above and there is no danger 
of harm or unfair prejudice to Jane Doe as the issue merely concerns her first sexual partner. 
The evidence is not being introduced, for example, to impugn her character or show that Jane 
Doe was sexually promiscuous prior to meeting Epstein. Indeed, it only concerns one individual. 
20. 
In accordance with Rule 412(c)(1XA), Federal Rules of Evidence, the specific 
evidence Epstein intends to introduce regarding Jane Doe's past sexual history is as follows: 
For example, on July 17, 2007, Jane Doe told an investigator that she did not remove her clothes when she gave 
Epstein a massage, she denied e.eing Epstein masturbate during the massage, stated that Epstein was "nice" and 
treated her with respect and that she was paid $100 for the massage. This statement directly contradicts her current 
allegations. 
6 
EFTA00728166

Evidence 
Purposes For Which It Is Offered 
a 
itir
ane Doe had sex with To controvert Dr. Reed's opinions and any argument by Jane 
Doe's counsel regarding Jane Doe being sexually inexperienced 
and naive, making her the "perfect victim" and that Epstein's 
advances were confusing and disorienting because she had not 
even engaged in foreplay or petting. 
To controvert Jane Doe's testimony that prior to meeting Epstein, 
she had not touched a man's penis, a man had never touched her 
breast or any part of her genitalia, she had never given a man oral 
sex, had never had sexual intercourse or anal sex and had never 
disrobed or exposed her breasts to a male. 
To test Jane Doe's credibility since she gave conflicting accounts 
of when she first had sex. 
The nulatimes 
Jane Doe bad 
sex with 
To test Jane Doe's credibility since she gave conflicting accounts 
of when she first had sex and the number of times she had sex 
with 
The place or .laces where Jane Doe 
had sex with 
To test Jane Doe's credibility since she gave conflicting accounts 
of when she first had sex and the number of times she had sex 
with 
The details of Jane Doe's sexual 
experience(s)with 
To controvert Dr. Reed's opinions and any argument by Jane 
Doe's counsel regarding Jane Doe being sexually inexperienced 
and naive, making her the "perfect victim" and that Epstein's 
advances were confusing and disorienting because she had not 
even engaged in foreplay or petting. 
To controvert Jane Doe's testimony that she had not touched a 
man's penis, a man had never touched her breast or any part of 
her genitalia, she had never given a man oral sex, had never had 
sexual intercourse or anal sex and had never disrobed or exposed 
her breasts to a male. 
Jane Doe's Sexual Experiences in 2003 - 2005 
21. 
Evidence of Jane Doe's sexual behavior during the time she was going to 
Epstein's house is relevant to Jane Doe's theory of liability and alleged damages. 
22. 
Dr. Reed asserts that Jane Doe was experiencing significant distress during the 
time she was allegedly going to Epstein's house, which Jane Doe alleges was between February 
2003 and June 2005. See First Am. Compl. (DE #38) ¶18. 
7 
EFTA00728167

23. 
Dr. Reed opined that Jane Doe's "level of distress during or around the time of 
Epstein's abuse (i.e. peritraumatic distress) was also significantly greater than the level of 
distress experienced by the `average' trauma exposed individual. In [Jane Doe's] case, intense 
feelings of helplessness, guilt, and shame contributed to her peritraumatic distress." See Reed 
Report at 27. 
24. 
Epstein intends to introduce evidence of Jane Doe's relationships with other 
males during the 2003 — 2005 time period to refute the contention that Jane Doe was 
experiencing "significantly greater" distress than the average trauma exposed individual. 
Alternatively, if she was experiencing significant distress, evidence of her sexual relationship 
with other males will demonstrate that it did not have a significant impact on her sex life and 
may be attributable to other traumatic events in Jane Doe's past. See infra. 
25. 
For example, 
la 
Jane Doe's ex-boyfriend, testified that they had 
intercourse approximately 10 times per week over a two year period during the time Jane Doe 
was allegedly going to Epstein's house. ate 
Depo at 30-31. They also engaged in oral 
and anal sex. Id. Mr. 
testified that sometimes Jane Doe seemed a little distant or was 
"not in the mood" for sex. 14, at 32. But when asked about the reason for the perceived 
"distance," 
testified that she was on drugs and "had family problems and stuff" Id. at 
32-33. He did not attribute it to Epstein. 
26. 
Despite occasionally being "not in the mood," Jane Doe and 
were 
regularly having sex, 10 times per week on average, during their two-year relationship. If Jane 
Doe was under "significant distress," it did not manifest itself in her sex life with 
27. 
Jane Doe also testified that 
hit her on several occasions and described 
him as a "stalker" with a drug problem. Ses Doe Depo at 481, 483. Jane Doe also smashed 
windshield with a machete. Id. at 483. Thus, if Jane Doe was experiencing 
8 
EFTA00728168

significant distress, it may have been a result of her tumultuous relationship with 
and/or 
other traumatic events in her past, such as visiting her father in prison from ages 3 — 10 _(se_q Reed 
Report at 6); witnessing her father beat his girlfriend's son to death when she was 12 ad, at 7); 
giving false testimony in court that he had not beaten the child (ii_i at 8); her mother not feeding 
her and being addicted to crack cocaine 
Doe Depo at 357); her uncle punching her in the 
face (cla at 358); physical fights with siblings (a. at 362); being attacked by her mother's pit bull 
(see ReedReed Report at 6); and running away from home on several occasions (j4 at 7), among other 
things. 
28. 
Jane Doe's relationship with 
and their sexual activity is relevant to 
whether she experienced significant traumatic distress during the time she was allegedly going to 
Epstein's house, as maintained by Dr. Reed. A normal, healthy sex life suggests a lack of 
distress. 
Even if she was distressed, the evidence is relevant to demonstrate that it was not 
affecting her sex life and may have been caused by someone or something other than Epstein. 
This "behavior is not what one would expect if the plaintiff's claims of emotional trauma are 
true," and as such is relevant to her alleged damages and should be admissible. See Alberts 
1995 WL 117886 at *4. 
29. 
Jane Doe also had sexual relationships with several other males during the time 
she was allegedly going to Epstein's house. For example, she testified she had sex with 
on 3-4 occasions when she was 15 or 16 years old (after 
and before 
See Doe Depo at 480, 483-84. She also had sex with 
more than 10 
times. 1 at 484. Evidence that Jane Doe had sex with these two individuals is relevant to show 
that Jane Doe had a relatively normal sex life during the time she was allegedly going to 
Epstein's house, which contradicts the assertion that she was under significant distress during 
9 
EFTA00728169

this time period. See Blackmon, 932 F.Supp. at 1129 (holding that where plaintiff puts an issue 
in dispute, defendant is entitled to rebut plaintiff's claim with plaintiffs own conduct). 
30. 
Jane Doe also had sexual relationship with 
for approximately eight 
(8) months. See Doe Depo at 487. Her relationship with 
is relevant for the same 
reasons as Jane Doe's sexual experiences with 
and 
and is additionally 
relevant because he is the brother of 
ex-boyfriend and father of. 
child. 
was a friend of Jane Doe who brought her to Epstein's house for the first time. Jane Doe's 
relationship with 
essentially "connects the dots" to her relationship with■ 
31. 
Jane Doe's sexual experiences during 2003 — 2005 also go to the issue of choice 
and volition. Dr. Reed asserts and Jane Doe has stated that she felt as though she could not say 
"no" to Epstein. However, Jane Doc declined Epstein's alleged requests for oral sex and 
intercourse. $ 
Reed Report at 13-14. If Jane Doe was having intercourse and oral sex with 
other males at the time she was allegedly going to Epstein's house, this would suggest that Jane 
Doc understood sex and sexuality and drew specific boundaries about what she would and would 
not do with Epstein. 
32. 
It also contradicts Dr. Reed's opinion that Epstein psychologically manipulated 
and "groomed" Jane Doe to obtain her trust "over a period of time" so she would "freely choose 
to reciprocate ... by becoming sexually responsive." am Reed Report at 9-10. If Jane Doe was 
having sex with other individuals while she was allegedly going to Epstein's house, and at the 
same time continuing to give Epstein nude massages but refusing to engage in intercourse or oral 
sex, such evidence would suggest that Jane Doe was not psychologically manipulated, but rather 
made a conscious decision regarding what she was willing to do for money. 
33. 
Indeed, Jane Doe told 
that she was cleaning an elderly lady's 
house in Palm Beach for $300 - $500. See 
Depo at 22-23. When money got tight, Jane 
10 
EFTA00728170

Doe would say "I'll call the lady from Palm Beach and see if she wants me to clean her house." 
Id. at 23. MINtestified that "Jane Doe seemed happy when she had the money" and would 
tell him "hey, look how much money I made." Id. at 22-23. 
34. 
During the two and a half year period Jane Doe alleges she went to Epstein's 
house, she became more sexually experienced and had different types of relationships — a few 
sexual experiences with Maa 
steady 2-year relationship with MM. 
and sexual 
relationships with and 
Yet despite her sexual maturation during 2003 — 
2005, she continued to go to Epstein's house. 
35. 
Even assuming arguendo that Jane Doc was "sexually inexperienced" when she 
first allegedly went to Epstein's house2 and thus the "perfect victim" for Epstein to 
psychologically manipulate into a compliant victim ( e Reed Report at 9), evidence of her 
sexual experiences during the time she was going to Epstein's house is relevant to show she 
became sexually experienced over that time period and continued to go to Epstein's house. Tier 
sexual experiences are relevant to test Dr. Reed's theory regarding Jane Doe's sexual 
inexpr.,ience and naivety as contributing to her "victimization" by Epstein. How does Dr. Reed 
account for Jane Doe continuing to go to Epstein's house after she passed the "sexually 
inexperienced" phase? Again, Jane Doe has opened the door to evidence of her sexual 
relationships during the time she was going to Epstein's house by placing her sexual 
inexperience at issue. Allowing Jane Doe to use her sexual "[in]experience as evidence of her 
damages, but at the same time deny [Epstein] the opportunity to prove that [this] claimj] [is] not 
true, would be to turn the rape `shield' law into a sword solely for the plaintiff's benefit" See 
Alberts 1995 WL 117886 at *5. 
2 See supra as to the discrepancy regarding whether Jane Doc had sex for the lint time before or after she started 
allegedly going to Epstein's house. 
11 
EFTA00728171

36. 
Again, this evidence is not being offered to impugn Jane Doe's character or to 
suggest she was sexually promiscuous. To the contrary, the evidence suggests Jane Doe's sex 
life during 2003 — 2005 was relatively normal. Thus, the likelihood of unfair prejudice or harm 
is minimal to non-existent. The probative value, as explained above, is substantial. 
37. 
In accordance with Rule 412(eX1XA), Federal Rules of Evidence, the specific 
evidence Epstein intends to introduce regarding Jane Doe's sexual experiences during 2003 - 
2005 is as follows: 
Evidence 
Purposes For Which It Is Offered 
Jane Doe's relationship, inclidag, To controvert Dr. Reed's opinions and any argument by Jane 
relationship, 
with ,IM Doe's counsel regarding Jane Doe being sexually inexperienced 
Taira 
the frequency 
of sex with
and the types of 
and naive, making her t 
" 
victim." Evidence of Jane 
Doe's relationship with 
demonstrates that Jane Doe 
sex they had. 
eventually became sexually experienced yet continued to go to 
Epstein's house. 
To contradict Jane Doe's testimony that she felt she could not 
say "no" to Epstein. Jane Doe made a conscious decision not to 
have intercourse orill 
with Epstein. Jane Doe's sexual 
experiences with 
during that same time period 
demonstrate that she chose to engage in those acts with him, but 
would not do the same with Epstein. For the same reasons, this 
evidence 
rebuts 
Dr 
Reed's 
contention 
that 
Epstein 
psychologically manipulated and "groomed" Jane Doe to be a 
compliant victim. 
To refute the contention that Jane Doe was experiencing 
"significantly greater" distress than the average trauma exposed 
individual during the time she was going to Epstein's house. 
Alternatively, if she was experiencing dike 
evidence will 
suggest it did not affect ha sex life with 
To demonstrate Jane Doe's sexual maturation during the time 
she was going to Epstein's house. 
12 
EFTA00728172

Jane Doe's sexual relationship with 
including the number of 
times she had sex with him and the 
types of sex they had. 
To controvert Dr. Reed's opinions and any argument by Jane 
Doe's counsel regarding Jane Doe being sexually inexperienced 
and naive, making her thilact 
victim." Evidence of Jane 
Doe's relationship with 
demonstrates that Jane Doe 
eventually became sexually experienced yet continued to go to 
Epstein's house. 
To contradict Jane Doe's testimony that she felt she could not 
say "no" to Epstein. Jane Doe made a conscious decision not to 
have intercourse or oral sex with Epstein. Jane Doe's sexual 
experiences with "George" during that same time period 
demonstrate that she chose to engage in those acts with him, but 
would not do the same with Epstein. For the same reasons, this 
evidence 
rebuts 
Dr. 
Reed's 
contention 
that 
Epstein 
psychologically manipulated and "groomed" Jane Doe to be a 
compliant victim. 
To refute the contention that Jane Doe was experiencing 
"significantly greater" distress than the average trauma exposed 
individual during the time she was going to Epstein's house. 
This evidence suggests that Jane Doe had a relatively normal sex 
lift during 2003 — 2005. 
To demonstrate Jane Doe's sexual maturation during the time 
she was going to Epstein's house. 
Jane Doe's sexual relationship with 
including the number of 
times she had sex with him and the 
types of sex they had. 
To controvert Dr. Reed's opinions and any argument by Jane 
Doe's counsel regarding Jane Doe being sexually inexperienced 
and naive, making her the
m .ifect victim." Evidence of Jane 
Doe's relationship with 
demonstrates that Jane Doe 
eventually became sexually experienced yet continued to go to 
Epstein's house. 
To contradict Jane Doe's testimony that she felt she could not 
say "no" to Epstein. Jane Doe made a conscious decision not to 
have intercourse or oral sex with Epstein. Jane Doe's sexual 
experiences with 
during that same time period 
demonstrate that she chose to engage in those acts with him, but 
would not do the same with Epstein. For the same reasons, this 
evidence 
rebuts 
Dr. 
Reed's 
contention 
that 
Epstein 
psychologically manipulated and "groomed" Jane Doe to be a 
compliant victim. 
To refute the contention that Jane Doe was experiencing 
"significantly greater" distress than the average trauma exposed 
individual during the time she was going to Epstein's house. 
This evidence suggests that Jane Doe had a relatively normal sox 
life during 2003 — 2005. 
To demonstrate Jane Doe's sexual maturation during the time 
she was going to Epstein's house. 
13 
EFTA00728173

ne Doe's sexual relationship with 
including the number 
of times she had sex with him and the 
types of sex they had. 
To controvert Dr. Reed's opinions and any argument by Jane 
Doe's counsel regarding Jane Doe being sexually inexperienced 
and naive, making her the " 
rfect victim." Evidence of Jane 
Doe's relationship with 
demonstrates that Jane 
Doe eventually became sexually experienced yet continued to go 
to Epstein's house. 
To contradict Jane Doe's testimony that she felt she could not 
say "no" to Epstein. Jane Doc made a conscious decision not to 
have intercourse or oral sex with Epstein. Jane Doe's sexual 
experiences with Sprague during that same time period 
demonstrate that she chose to engage in those acts with him, but 
would not do the same with Epstein. For the same reasons, this 
evidence 
rebuts 
Dr. 
Reed's 
contention 
that 
Epstein 
psychologically manipulated and "groomed" Jane Doe to be a 
compliant victim. 
To refute the contention that Jane Doe was experiencing 
"significantly greater" distress than the average trauma exposed 
individual during the time she was going to Epstein's house. 
This evidence suggests that Jane Doe had a relatively normal sex 
life during 2003 — 2005. 
To demonstrate Jane Doe's sexual maturation during the time 
she was going to Epstein's house. 
To e.
a 
a relation hi 
veen Jane Doe 
and M. 
rotlt 
is the ex-
boyfriend o 
o a ter of 
child. 
rought Jane 
Doe to Epstein's house for the first time. 
Jane Doe's Subsequent Sexual Activity and Employment as a Stripper 
38. 
Jane Doe's sexual relationship with 
■her 
current boyfriend of over 
three years and father of her child, is relevant to Jane Doe's damages. 
39. 
Specifically, Jane Doe told Epstein's expert, DAN that she has a normal and 
satisfying sexual relationship with 
and that they have sex twice per week and take turns 
initiating it. Sge CAE Transcript at 179-80. 
40. 
Dr. Reed also concludes that Jane Doe's responses to the Trauma Symptom 
Inventory "were within normal limits" regarding "sexual concerns." Sge Reed Report at 27. 
14 
EFTA00728174

41. 
Epstein should be permitted to offer evidence regarding Jane Doe's sexual 
relationship with= specifically, that is normal and satisfying and not a part of her damages. 
If the jury does not hear this evidence, they will be left to speculate as to whether Jane Doe's 
ability to have a satisfying sexual relationship has been affected by Epstein's alleged conduct. 
42. 
Next, when Jane Doe was 18 years old, subsequent to her alleged encounters with 
Epstein, she worked as a stripper. 
Reed Report at 22. 
43. 
Dr. Reed opined that "Epstein's sexual abuse of Jane Doe clearly predisposed her 
to enter into this profession." See Reed Report at 22. Dr. Reed also notes that "[vjictims of 
child sexual abuse are disproportionately represented among women who work as strippers" and 
are often motivated by the "sense of being `in control' in the sexual arena." Id. 
44. 
Dr. Reed has opened the door to evidence of Jane Doe's employment as a stripper 
by attributing it to Epstein. Epstein should be entitled to cross-examine Jane Doe regarding the 
details of her work as a stripper. Did Jane Doe do it to gain a sense of being in control, as 
suggested by Dr. Reed? Are there other reasons Jane Doe might have worked as stripper 
unrelated to Epstein? Certainly, Epstein should be permitted to delve into these subjects to rebut 
Dr. Reed's opinion that Epstein predisposed Jane Doe to become a stripper. 
ee Judd v. 
Rodman.
J
 105 F.3d 1339, 1343 (11th Cir. 1997) (holding that the district court did not abuse its 
discretion in admitting evidence that plaintiff worked as a stripper as it was relevant to her 
damages for emotional distress); Blackmon, 932 F.Supp. at 1129 (holding that where plaintiff 
puts an issue in dispute, defendant is entitled to rebut plaintiff's claim with plaintiff's own 
conduct). 
45. 
Moreover, Jane Doe met her current boyfriend, 
while working as a 
stripper. &I Doe Depo at 491. Thus, to the extent Jane Doe attempts to blame Epstein for 
allegedly causing her predisposition to become a stripper, Epstein should be permitted to point 
15 
EFTA00728175

out that Jane Doe met her current boyfriend and the father of her child (a relationship in which 
she is happy and satisfied) while so employed. 
46. 
In accordance with Rule 412(cXlXA), Federal Rules of Evidence, the specific 
evidence Epstein intends to introduce regarding Jane Doe's sexual experiences subsequent to her 
alleged encounters with Epstein and employment as a stripper: 
Evidence 
Purposes For Which It Is Offered 
Jane Doe's relationship, inS , H. To demonstrate that Jane Doe has a normal and satisfying sexual 
sexual relationship, with 1=1 
relationship with her current boyfriend and that she is not 
This includes the frequency of 
sex with Batu, the types of sex they 
have and her feeling about their 
sexual relationship. 
claiming any damages in that regard. 
Jane Doe's employment as a stripper, 
including the relevant time periods, 
the establishments where she worked 
the 
To controvert Dr. Reed's assertion that Epstein essentially 
caused Jane Doe to become a stripper. 
To establish 
e Doe met her current boyfriend and father 
nature 
of 
the 
work, 
and 
the of her child, 
while working as a stripper. To the extent 
circumstances 
surrounding 
her Jane Doe suggests it was Epstein's "faille" that she became a 
meeting Batu. 
stripper, evidence of that she started her current relationship, 
which she contends she is happy and satisfied with, while 
working as a stripper should be admitted counter the suggestion 
that it was a negative experience for her. 
Evidence of Sexual History of Other Females 
47. 
Epstein and Jane Doe intend to cal.and ■ 
as witnesses in Jane Doe's trial. 
and ■were both friends of Jane Doe and. brought Jane Doe to Epstein's house for the 
first time. 
48. 
Epstein does not intend to offer any evidence covered by Rule 412, Federal Rules 
of Evidence, regarding 
or 'Sexual behavior or predisposition. Epstein contends that 
In and ■ 
should be prohibited from testifying to their alleged encounters with Epstein and 
therefore evidence under Rule 412 would likely be unnecessary.;
3 Epstein has filed a Motion in Lanine to Exclude Evidence of Other Females and Similar Fact Evidence (DE #198). 
16 
EFTA00728176

49. 
However, to the extent the Court allows ■ 
and ■ 
to testify regarding their 
own alleged encounters with Epstein pursuant to Rules 413, 414 and 415, Federal Rules of 
Evidence, evidence of their sexual behavior or predisposition might become relevant depending 
on the scope of the permitted testimony.4
50. 
In addition, to the extent the Court allows other females to testify regarding their 
encounters with Epstein pursuant to Rules 413, 414 and 415, Federal Rules of Evidence, 
evidence of their sexual behavior or predisposition might become relevant depending on the 
scope of the permitted testimony. 
51. 
While Jane Doe filed a Notice Regarding Evidence of Similar Acts of Sexual 
Assault (DE #197), her "summary of the substance of any testimony that is expected to be 
offered," as required by Rule 415 (b), Federal Rules of Evidence, is grossly insufficient and fails 
to provide any "substance" of the anticipated testimony of the 15 witnesses.5 The summaries of 
each witness's testimony are identical, save for the witnesses name and age: 
[Witnesses initials] — When she was approximately [age] years old, 
she was brought to Epstein's home by another underage victim. 
While a minor, she was at Epstein's home on multiple occasions. 
Epstein engaged in one or more of the following acts with her 
while she was a minor at his house — topless or completely nude 
massage of Epstein; Epstein used a vibrator on her vagina; Epstein 
masturbated in her presence; Epstein ejaculated in her presence; 
Epstein touch her breast or buttock or vagina or the clothes 
covering her sexual organs; was made to ...form sex acts on 
Epstein; made to perform sex acts on 
in 
Epstein's presence. Epstein also demanded that she bring him 
other underage girls, and Epstein and his co-conspirators used the 
telephone to contact her to entice or induce her into going to his 
house for sex/prostitution. 
See DE #197 at 9-15 (emphasis added). 
4 For example 
tified that she kept a book of all the income she earned as a prostitute during 2007 — 2008. 
See Deposition of 
at 57-63. 
$ Some of the 15 witnesses identified by Jane Doe in DE #197 have been deposed (i.e..= 
while others 
have not (i.e... and 
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EFTA00728177

52. 
Since Jane Doe's "one size fits all" boilerplate summaries provide only general 
topics, which may or may not apply depending on the witness,6 Epstein cannot reasonably 
determine what evidence wider Rule 412(b)(2) would be relevant for each of the 15 witnesses 
listed by Jane Doe in her Notice Regarding Evidence of Similar Acts of Sexual Assault (DE 
#197). 
53. 
Accordingly, Epstein requests the Court permit him to file a supplemental motion 
pursuant to Rule 412(e) after the Court determines whether the testimony of other females, 
including. and EW, regarding similar fact evidence pursuant to Rules 413, 414 and 415, 
Federal Rules of Evidence, is admissible and the scope of the testimony. See Fed. R. Evid. 
412(cX1XA) (providing that the court may permit a different time to file a motion pursuant to 
Rule 412 or permit its filing during trial); see also Blacicmo& 932 F.Supp. at 1127 (noting that 
admissibility of evidence under Rule 412 cannot always be detennined before trial because the 
balancing of probative value against unfair prejudice may be affected by the course of the trial). 
54. 
In the event, the Court allows any other female to testify regarding similar fact 
evidence, Epstein requests the Court require Jane Doe to provide Epstein with summaries of the 
substance of the actual testimony that is expected to be offered, rather than the general, all-
eneompaning summaries provided in her Notice Regarding Evidence of Similar Acts of Sexual 
Assault (DE #197). Epstein requests the Court require Jane Doe provide the following for each 
witness, as well as any additional information ordered by the Court: (1) the date or dates the 
female allegedly went to Epstein's house; (2) the number of times the female allegedly went to 
Epstein's house; (3) the individual that brought her to Epstein's house for the first time, if 
applicable; (4) the means of transportation used to go to and from Epstein's house, including the 
For example, Jane Doe's summaries provide that the particular female gave a "topless a completely nude 
massage" and that "Epstein touched her breast or buttock a vagina 91 the clothes covering her sexual organs." agg 
DE # 197 at 9-15 (emphasis added). 
18 
EFTA00728178

names of any individuals who may have drove her to and from Epstein's house or accompanied 
her to and from Epstein's house; (5) the specific acts alleged to have occurred between Epstein 
and the female each time she allegedly went to Epstein's house (if more than once), including the 
specific parts of her body that Epstein allegedly touched as well as the specific parts of Epstein's 
body she allegedly touched; (6) the names of any other individuals who may have witnessed the 
alleged acts; (7) the amount of money the female allegedly received each time she allegedly went 
to Epstein's house; (8) the names of any other females that she allegedly brought to Epstein's 
house, if applicable; (9) whether she was contacted by Epstein or anyone on his behalf over the 
phone and, if so, the dates of said telephone calls and substance of the conversations; and (10) 
any other information to which the female expects to testify that is not covered in (1) — (9). 
WHEREFORE, Defendant, JEFFREY EPSTEIN, respectfully requests the Court admit 
evidence, pursuant to Rule 412(bX2), Federal Rules of Evidence, regarding: (1) Jane Doe's 
sexual experiences prior to meeting Epstein; (2) her sexual experiences while she was allegedly 
going to Epstein's house from February 2003 — June 2005; (3) her sexual experiences after June 
2005; and (4) her employment as a stripper. Epstein also requests the Court permit Epstein to 
file a supplemental motion pursuant to Rule 412(c)(1XA), Federal Rules of Evidence, regarding 
any other females, including III and EW, after the Court determines whether similar fact 
evidence pursuant to Rules 413, 414 and 415, Federal Rules of Evidence, is admissible and the 
scope of the testimony. In the event the Court permits any other female to so testify, Epstein 
requests the Court require Jane Doe to provide summaries of the specific testimony that is 
expected to be offered, as outlined in paragraph 54 (1) — (10) herein, as well as any additional 
information ordered by the court, and grant any additional relief the Court deems just and proper. 
19 
EFTA00728179