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Rape Shield Statutes STATUTORY COMPILATION RAPE SHIELD LAWS CURRENT AS OF FEBRUARY 2013 COMPILED BY AEQUITAS: THE PROSECUTORS’ RESOURCE ON VIOLENCE AGAINST WOMEN 1100 H STREET NW, SUITE 310 | WASHINGTON, DC 20005 P: (202) 558-0040 | F: (202) 393-1918 WWW.AEQUITASRESOURCE.ORG RAPE SHIELD STATUTES ALABAMA .................................................................................................... 1 Ala. R. Evid. 412. Admissibility of evidence relating to past sexual behavior of complaining witness in prosecution for criminal sexual conduct .......................................... 1 ALASKA ....................................................................................................... 2 Alaska Stat. § 12.45.045 (2012). Evidence of past sexual conduct in trials of certain sexual offenses .................................................................................................................................. 2 ARIZONA .................................................................................................... 2 Ariz. Rev. Stat. Ann. § 13-1421 (2012). Evidence relating to victim's chastity; pretrial hearing .................................................................................................................................... 2 ARKANSAS .................................................................................................. 3 Ark. Code Ann. § 16-42-101 (West 2012). Victim's prior sexual conduct ........................... 3 CALIFORNIA .............................................................................................. 5 Cal. Evid. Code § 782 (West 2012). Sexual offenses; evidence of sexual conduct of complaining witness; procedure for admissibility; treatment of resealed affidavits .............. 5 Cal. Evidence Code § 1103 (West 2012). Character evidence of crime victim to prove conduct; evidence of defendant's character or trait for violence; evidence of manner of dress of victim; evidence of complaining witness' sexual conduct ................................................. 6 COLORADO ................................................................................................. 7 Colo. Rev. Stat. Ann. § 18-3-407 (West 2012). Victim's and witness's prior history-- evidentiary hearing--victim's identity--protective order ........................................................ 7 Colo. Rev. Stat. Ann. § 18-3-407.5 (West 2012). Victim evidence--forensic evidence-- electronic lie detector exam without victim's consent prohibited .......................................... 9 CONNECTICUT ........................................................................................ 10 Conn. Gen. Stat. Ann. § 54-86f (West 2012). Admissibility of evidence of sexual conduct10 DELAWARE .............................................................................................. 10 Del. Code Ann. tit. 11, § 3508 (2012). Rape--sufficiency of evidence; proceedings in camera .................................................................................................................................. 10 Del. Code Ann. tit. 11, § 3509 (2012). Rape--admissibility of certain evidence ................ 11 DISTRICT OF COLUMBIA .................................................................... 12 D.C. Code § 22-3021 (2012). Reputation or opinion evidence of victim's past sexual behavior inadmissible ........................................................................................................... 12 D.C. Code § 22-3022 (2012). Admissibility of other evidence of victim's past sexual behavior ................................................................................................................................ 12 FLORIDA .................................................................................................... 13 Fla. Stat. Ann. § 794.022 (West 2012). [Sexual battery;] Rules of evidence ...................... 13 GEORGIA .................................................................................................. 14 Ga. Code Ann. § 24-4-412 (West 2013). Sex offense cases; complaining witness’ past sexual behavior ..................................................................................................................... 14 HAWAII ..................................................................................................... 15 Haw. R. Evid. 412. Sexual offense and sexual harassment cases; relevance of victim's past behavior ................................................................................................................................ 15 IDAHO ......................................................................................................... 17 1 RAPE SHIELD STATUTES Compilation created by AEquitas and supported by Grant No. 2009-TA-AX-K024 awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, and recommendations expressed in this document are those of the author(s) and do not necessarily reflect the views of OVW. Idaho Code Ann. § 18-6105 (2012). Evidence of previous sexual conduct of prosecuting witness .................................................................................................................................. 17 ILLINOIS .................................................................................................... 17 725 Ill. Comp. Stat. Ann 5/115-7 (West 2012), amended by Act of January 25, 2013, Pub. Act 97-1150, sec. 635, § 115-7 (West). Prior sexual activity or reputation as evidence .... 17 INDIANA ..................................................................................................... 18 Ind. Code Ann. § 35-37-4-4 (West 2012). Sex crimes; admissibility of evidence of past sexual conduct; procedure .................................................................................................... 18 Ind. R. Evid. 412 (2012). Evidence of Past Sexual Conduct ............................................... 20 IOWA ........................................................................................................... 20 Iowa R. Evid. 5.412 (West 2012). Sexual abuse cases; relevance of victim's past behavior20 KANSAS ...................................................................................................... 21 Kan. Stat. Ann. § 21-5502 (2012). Evidence of complaining witness' previous sexual conduct in prosecutions for sex offenses; motions; notice .................................................. 22 KENTUCKY ............................................................................................... 23 Ky. R. Evid. 412. Rape and similar cases; admissibility of victim's character and behavior23 LOUISIANA ................................................................................................ 24 La. Code Evid. art. 412. Victim's past sexual behavior in sexual assault cases ................. 24 MAINE ......................................................................................................... 26 Me. R. Evid. 412. Past Sexual Behavior of Victim ............................................................. 26 MARYLAND ............................................................................................... 27 Md. Code Ann., Crim. Law § 3-319 (West 2012). Rape and sexual offense--admissibility of evidence ........................................................................................................................... 27 Md. R. 5-412. Sex offense cases; relevance of victim's past behavior ................................ 28 MASSACHUSETTS .................................................................................. 28 Mass. Gen. Laws Ann. ch. 233, § 21B (West 2012). Evidence of sex crime victim's sexual conduct; admission hearing; findings ................................................................................... 28 MICHIGAN ................................................................................................. 28 Mich. Comp. Laws Ann. § 750.520j (West 2012). Admissibility of evidence of victim's sexual conduct ...................................................................................................................... 28 MINNESOTA .............................................................................................. 29 Minn. Stat. Ann. § 609.347 (West 2012). Evidence in criminal sexual conduct cases ...... 29 Minn. R. Evid. 412. Past conduct of victim of certain sex offenses ................................... 31 MISSISSIPPI ............................................................................................... 32 Miss. R. Evid. 412. Sex offense cases; relevance of victim's past behavior ...................... 32 Miss. Code Ann. § 97-3-68 (West 2012). Rape, attacking complaining witness's credibility34 MISSOURI ................................................................................................. 34 Mo. Ann. Stat. § 491.015 (West 2012). Prosecuting witness in certain cases not to be interrogated as to prior sexual conduct ................................................................................ 34 MONTANA ................................................................................................ 35 Mont. Code Ann. § 40-15-202 (2009). Order of protection -- hearing – evidence ............. 35 Mont. Code Ann. § 45-5-511 (2009). Provisions generally applicable to sexual crimes .. 36 NEBRASKA ................................................................................................ 37 2 RAPE SHIELD
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