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California Evidence Code Section 1106

Legal Research Home > California Laws > Evidence Code > California Evidence Code Section 1106

1106.  (a) In any civil action alleging conduct which constitutes
sexual harassment, sexual assault, or sexual battery, opinion
evidence, reputation evidence, and evidence of specific instances of
plaintiff's sexual conduct, or any of such evidence, is not
admissible by the defendant in order to prove consent by the
plaintiff or the absence of injury to the plaintiff, unless the
injury alleged by the plaintiff is in the nature of loss of
consortium.
   (b) Subdivision (a) shall not be applicable to evidence of the
plaintiff's sexual conduct with the alleged perpetrator.
   (c)  If the plaintiff introduces evidence, including testimony of
a witness, or the plaintiff as a witness gives testimony, and the
evidence or testimony relates to the plaintiff's 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 plaintiff or given by the plaintiff.
   (d)  Nothing in this section shall be construed to make
inadmissible any evidence offered to attack the credibility of the
plaintiff as provided in Section 783.

Last modified: February 22, 2013