Legislation
SECTION 60.43
Rules of evidence; admissibility of evidence of victim's sexual conduct in non-sex offense cases
Criminal Procedure (CPL) CHAPTER 11-A, PART 1, TITLE D, ARTICLE 60
§ 60.43 Rules of evidence; admissibility of evidence of victim's sexual
conduct in non-sex offense cases.
Evidence of the victim's sexual conduct, including the past sexual
conduct of a deceased victim, may not be admitted in a prosecution for
any offense, attempt to commit an offense or conspiracy to commit an
offense defined in the penal law unless such evidence is determined by
the court to be relevant and admissible in the interests of justice,
after an offer of proof by the proponent of such evidence 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.
conduct in non-sex offense cases.
Evidence of the victim's sexual conduct, including the past sexual
conduct of a deceased victim, may not be admitted in a prosecution for
any offense, attempt to commit an offense or conspiracy to commit an
offense defined in the penal law unless such evidence is determined by
the court to be relevant and admissible in the interests of justice,
after an offer of proof by the proponent of such evidence 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.