Sexual Assault Cases: Relevance of Victim's Past Behavior

If a defendant who is charged with the crime of sexual assault intends to introduce proof that the complaining witness has engaged in sexual activities with other persons, he or she shall give notice of his or her intention to the court and the attorney for the state. The notice shall be given prior to the introduction of any evidence of such fact; it shall be given orally out of the hearing of spectators and, if the action is being tried by a jury, out of the hearing of the jurors. Upon receiving such notice, the court shall order the defendant to make a specific offer of the proof that he or she intends to introduce in support of this issue. The offer of proof, and all arguments relating to Page 8 of 26 February 2024 it, shall take place outside the hearing of spectators and jurors. The court shall then rule upon the admissibility of the evidence offered. ARTICLE V PRIVILEGES