Legal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 60.42 - Rules Of Evidence; Admissibility Of Evidence Of Victim's Sexual Conduct In Sex Offense Cases.



 
    § 60.42 Rules of evidence; admissibility of evidence of victim's sexual
            conduct in sex offense cases.
    Evidence of a victim's sexual conduct shall not  be  admissible  in  a
  prosecution for an offense or an attempt to commit an offense defined in
  article one hundred thirty of the penal law unless such evidence:
    1.  proves  or tends to prove specific instances of the victim's prior
  sexual conduct with the accused; or
    2. proves or tends to prove that the victim has been convicted  of  an
  offense  under  section 230.00 of the penal law within three years prior
  to the sex offense which is the subject of the prosecution; or
    3. rebuts evidence introduced by the people of the victim's failure to
  engage in sexual intercourse, oral sexual conduct, anal  sexual  conduct
  or sexual contact during a given period of time; or
    4.  rebuts  evidence introduced by the people which proves or tends to
  prove that the accused is the cause  of  pregnancy  or  disease  of  the
  victim, or the source of semen found in the victim; or
    5.  is  determined by the court after an offer of proof by the accused
  outside the hearing of the jury,  or  such  hearing  as  the  court  may
  require,  and a statement by the court of its findings of fact essential
  to its determination, to be relevant and admissible in the interests  of
  justice.

Last modified: July 30, 2006