What is the name of the Court Case dealing with Rape and the woman asking to use a condom?

Question

Does anyone know the name of the case involving a woman who had been raped but before actually being raped she asked him to at least use a condom (so that she wouldn't get sick or end up pregnant)? The court came to the conclusion that since she asked him to use a condom, that it was no longer considered rape and that the intercourse was then "legitimate"

I think the case went through all the courts of appeals but never actually made it to the supreme court, if that helps...
thanks in advance for all your efforts! :)

sorry, I remember something about giving consent to use a condom therefore it would not be rape... somehting along those lines if it helps.

Answer 1

"Austin, Texas--The rape case in which a woman being raped asked the attacker to wear a condom to prevent HIV infection went to trial on Monday. In September, a grand jury refused to indict Joel Rene Valdez, the so-called "condom rapist," saying the victim's request that he wear a condom during the alleged attack implied consent. The decision spurred widespread outrage. The Travis County district attorney's office decided to take the case to a new grand jury after the initial grand jury ruling incited a courthouse demonstration and dozens of phone calls opposing the decision. Testimony is scheduled to begin today when the alleged victim takes the stand. If Valdez is convicted, he faces a jail term of 5 to 99 years. Lynn Thompson Hass, the executive director of the Austin Rape Crisis Center, said it was not uncommon for rapists to wear condoms, but usually not at the victim's demand."http://www.aegis.com/news/ads/1993/AD930868.html

Answer 2

It would help a lot if you could give an approx. Date. Then try findlaw's appeals courts database. State is also really helpful. http://www.findlaw.com/casecode/