JUPITER, Fla. -- State prosecutors asked a judge Wednesday morning to keep information about a victim’s alleged past from being brought up in a trial against an Uber driver accused of rape.
Gary Kitchings, 57, is charged with sexually assaulting a woman he drove home from SunFest last year.
The defense previously pointed out that the woman is also the alleged victim in another rape case pending in New York.
Prosecutors believe Kitchings’ attorney may try to argue during the trial that prior rape allegation is untrue.
“The State would contend that argument would be improper and the evidence to prove such is not admissible,” said Assistant State Attorney Marci Horwitz Rex in court documents.
Horwitz Rex said the state is objecting to any mention of the other rape case, the woman working as an escort, prostitute, meeting men online, or suggesting that what she was wearing invited Kitchings’ behavior.
During Wednesday's hearing, the judge she would watch the victim's second deposition and surveillance video that shows the victim on the night of the other rape allegation in New York.
Kitching’s attorney, Stephen Arbuzow, has argued that the sexual encounter was consensual.
Arbuzow said he discovered a New York Post article about the woman meeting her alleged attacker through a “sugar daddy” app called “Seeking Arrangements” claiming that she was working as an “S&M prostitute.”
He said the New York rape case and the Kitchings’ case have similarly disturbing details.
Horwitz Rex said any mention of that case could violate the rape shield act.
Kitchings is expected to appear for the motion hearing Wednesday morning in Palm Beach County court for a judge to decide if the statements will be allowed.