Chapter 1. Evidence of Character, Habit, or Custom - California Evidence Code Section 1103
Legal Research Home >
California Laws > Evidence Code > Chapter 1. Evidence of Character, Habit, or Custom - California Evidence Code Section 1103
1103. (a) In a criminal action, evidence of the character or a
trait of character (in the form of an opinion, evidence of
reputation, or evidence of specific instances of conduct) of the
victim of the crime for which the defendant is being prosecuted is
not made inadmissible by Section 1101 if the evidence is:
(1) Offered by the defendant to prove conduct of the victim in
conformity with the character or trait of character.
(2) Offered by the prosecution to rebut evidence adduced by the
defendant under paragraph (1).
(b) In a criminal action, evidence of the defendant's character
for violence or trait of character for violence (in the form of an
opinion, evidence of reputation, or evidence of specific instances of
conduct) is not made inadmissible by Section 1101 if the evidence is
offered by the prosecution to prove conduct of the defendant in
conformity with the character or trait of character and is offered
after evidence that the victim had a character for violence or a
trait of character tending to show violence has been adduced by the
defendant under paragraph (1) of subdivision (a).
(c) (1) Notwithstanding any other provision of this code to the
contrary, and except as provided in this subdivision, in any
prosecution under Section 261, 262, or 264.1 of the Penal Code, or
under Section 286, 288a, or 289 of the Penal Code, or for assault
with intent to commit, attempt to commit, or conspiracy to commit a
crime defined in any of those sections, except where the crime is
alleged to have occurred in a local detention facility, as defined in
Section 6031.4, or in a state prison, as defined in Section 4504,
opinion evidence, reputation evidence, and evidence of specific
instances of the complaining witness' sexual conduct, or any of that
evidence, is not admissible by the defendant in order to prove
consent by the complaining witness.
(2) Notwithstanding paragraph (3), evidence of the manner in which
the victim was dressed at the time of the commission of the offense
shall not be admissible when offered by either party on the issue of
consent in any prosecution for an offense specified in paragraph (1),
unless the evidence is determined by the court to be relevant and
admissible in the interests of justice. The proponent of the evidence
shall make an offer of proof outside the hearing of the jury. The
court shall then make its determination and at that time, state the
reasons for its ruling on the record. For the purposes of this
paragraph, "manner of dress" does not include the condition of the
victim's clothing before, during, or after the commission of the
(3) Paragraph (1) shall not be applicable to evidence of the
complaining witness' sexual conduct with the defendant.
(4) If the prosecutor introduces evidence, including testimony of
a witness, or the complaining witness as a witness gives testimony,
and that evidence or testimony relates to the complaining witness'
sexual conduct, the defendant may cross-examine the witness who gives
the testimony and offer relevant evidence limited specifically to
the rebuttal of the evidence introduced by the prosecutor or given by
the complaining witness.
(5) Nothing in this subdivision shall be construed to make
inadmissible any evidence offered to attack the credibility of the
complaining witness as provided in Section 782.
(6) As used in this section, "complaining witness" means the
alleged victim of the crime charged, the prosecution of which is
subject to this subdivision.
Last modified: February 16, 2015