CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......Charact. Evid. of Victim: Crim. Cases
.........Char of Victim's Sex. Conduct
 12 Cards On This Topic:
  • Evidence of crime V's character generally inadmissible in specific sex crimes to prove consent.
  • Notice provisions of rape-shield laws constitutional, and state courts have latitude in admission of evidence.
  • Evidentiary rulings concerning retarded rape V balanced D's right to inform jury of her past sex activity (relevant to affirmative defense and ability to consent) against importance of protecting her from unnecessary invasions of privacy.
  • D's 6th & 14th Amend. rights violated when evidence of V's past sexual abuse by others was excluded for failure to give rape shield law's 15-day notice of intent to introduce it.
  • No abuse of discretion in excluding evidence of attempted murder V's spending the night before her assault with a stranger where it did little to show her character and added nothing to impeach the reliability of her memory.
  • Trial court's failure to conduct hearing on V's sexual conduct earlier on day of D's assault was harmless error and no abuse of discretion in excluding it where offered to corroborate D's testimony.
  • Court properly excluded D's proffered evidence that murder victim once left bar with a man to have sex, and acted similarly with D on night of murder, as prohibited under EC 1103 (c)(1) and speculative.
  • No abuse of discretion in not holding evidentiary hearing on some proffered evidence of child-Vs' sexual history where the alleged conduct was not similar enough to the charged conduct, and not highly probative of Vs' credibility.
  • Court did not err in excluding evidence of child victim's prior sexual encounters where incidents dissimilar to charged crime, relevance minimal and risk of confusing the jury palpable.
  • Harmless error to consider trustworthiness of evidence of sexual assault V's prior sexual conduct as criterion in ruling on its admissibility.
  • Prior sexual conduct of V inadmissible to show consent.
  • Evidence of V's prior false accusation of rape admissible in rape or sex offense case.


    •