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RAPE SHIELD STATUTES As of March 2011

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RAPE SHIELD STATUTES As of March 2011 RAPE SHIELD STATUTES As of March 2011 This compilation contains codified statues. All statutes, laws, and bills listed in this compilation have been signed by the pertinent governor and enacted into law. This report was complied using Westlaw Services. This compilation is up-to-date as of the month it was created. However, please note we recommend checking both case law and current legislation for any possible modifications to the statutes listed below. Table of Contents: ALABAMA......................................................................................................................................................4 ALA. CODE § 12-21-203 (2010). Rape shield..............................................................................................4 ALASKA..........................................................................................................................................................5 ALASKA STAT. § 12.45.045 (2010). Evidence of past sexual conduct in trials of certain sexual offenses .5 ARIZONA........................................................................................................................................................5 ARIZ. REV. STAT. § 13-1421 (2011). Evidence relating to victim's chastity; pretrial hearing ....................5 ARKANSAS ....................................................................................................................................................6 ARK. CODE ANN. § 16-42-101 (2010). Admissibility of evidence of victim's prior sexual conduct ..........6 CALIFORNIA..................................................................................................................................................8 CAL. EVID. CODE § 782 (2011). Evidence of sexual conduct of complaining witness; Offer of proof; Affidavit; Procedure ....................................................................................................................................8 CAL. EVID. CODE § 1103 (2011). Evidence of character of victim of crime...............................................9 COLORADO..................................................................................................................................................10 COLO. REV. STAT. § 18-3-407 (2011). Victim's and witness's prior history - evidentiary hearing - victim's identity - protective order ..........................................................................................................................10 CONNECTICUT............................................................................................................................................12 CONN. GEN. STAT. § 54-86f (2011). Admissibility of evidence of sexual conduct ..................................12 CONN. CODE EVID. 4-11 (2011). Admissibility of Evidence of Sexual Conduct......................................13 DELAWARE .................................................................................................................................................13 DEL. CODE ANN. tit. 11, § 3509 (2010). Rape -- Admissibility of certain evidence .................................13 DISTRICT OF COLUMBIA .........................................................................................................................14 D.C. CODE § 22-3021 (2011). Reputation or opinion evidence of victim's past sexual behavior inadmissible [Formerly § 22-4121]...........................................................................................................14 D.C. CODE § 22-3022 (2011). Admissibility of other evidence of victim's past sexual behavior [Formerly § 22-4122] .................................................................................................................................................14 FLORIDA.......................................................................................................................................................15 FLA. STAT. § 794.022 (2010). Rules of evidence ......................................................................................15 GEORGIA......................................................................................................................................................16 GA. CODE ANN. § 24-2-2 (2010). Character and conduct of parties generally irrelevant; exception........16 GA. CODE ANN. § 24-2-3 (2010). Complainant's past sexual behavior not admissible in prosecutions for certain sex offenses; exception; in camera hearing; court order ...............................................................16 HAWAII.........................................................................................................................................................17 HAW. REV. STAT. § 412 (2010). Sexual offense and sexual harassment cases; relevance of victim's past behavior .....................................................................................................................................................17 IDAHO ...........................................................................................................................................................19 IDAHO R. EVID. 412 (2010). Sex crime cases; relevance of victim's past behavior ..................................19 IDAHO CODE ANN. §18-6105 (2011) Evidence of previous sexual conduct of prosecuting witness ........21 ILLINOIS.......................................................................................................................................................21 725 ILL. COMP. STAT. 5/115-7 (2010). Prior sexual activity or reputation of victim of sexual offense....21 INDIANA.......................................................................................................................................................22 IND. R. EVID. 412 (2011). Evidence of past sexual conduct......................................................................22 IND. CODE § 35-37-4-4 (2011). Prosecutions for sexual offenses -- Evidence .........................................23 IOWA .............................................................................................................................................................24 IOWA R. EVID. 5.412 (2011). Sexual abuse cases; relevance of victim's past behavior............................24 National District Attorney’s Association 1 National Center for Prosecution of Child Abuse KANSAS........................................................................................................................................................26 KAN. STAT. ANN. § 21-3525 (2010). Evidence of complaining witness' previous sexual conduct in prosecutions for sex offenses; motions; notice..........................................................................................26 KENTUCKY..................................................................................................................................................27 KY. R. EVID. 412 (2011). Rape and similar cases -- Admissibility of victim's character and behavior....27 LOUISIANA ..................................................................................................................................................28 LA. CODE EVID. ANN. art. 412 (2010). Victim's past sexual behavior in sexual assault cases..................28 MAINE...........................................................................................................................................................30 ME. R. EVID. 412 (2010). Past sexual behavior of victim .........................................................................30 MARYLAND.................................................................................................................................................30 MD. CODE ANN., CRIM. LAW § 3-319 (2010). Same -- Admissibility of evidence...................................30 MASSACHUSSETTS....................................................................................................................................32 MASS. GEN. LAWS ch. 233, § 21B (2010). Evidence of Victim's Sexual Conduct ...................................32 MICHIGAN ...................................................................................................................................................32 MICH. R. EVID. 404 (2011). Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes........................................................................................................................................................32 MICH. COMP. LAWS § 750.520j (2011). Evidence of victim's sexual conduct ..........................................33 MINNESOTA ................................................................................................................................................34 MINN. STAT. § 609.347 (2011). Evidence in criminal sexual conduct cases ............................................34 MISSISSIPI....................................................................................................................................................36 MISS. CODE ANN. § 97-3-68 (2010). Rape; procedure for introducing evidence of sexual conduct of complaining witness; "complaining witness" defined...............................................................................36 MISSOURI.....................................................................................................................................................37 MO. REV. STAT.
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