CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......Plaintiff's Sex. Conduct; Civ. Case
5 Cards On This Topic:

P's sexual history generally inadmissible in civil case.

EC §1106(e) ••may•• permit admission of evidence that would otherwise be excluded under §1106(a), but admissibility is subject to EC §783 procedures and very careful review under EC §352.

Evidence of a plaintiff's sexual conduct — voluntary or involuntary — may not be admitted under Evid. Code §1106, but may be admitted for impeachment.

Court may admit evidence of patient's sexual history on issue of proximate cause in malpractice action against psychologist for sexual contact; evidence limited to relevance.

Absolute bar of Evid. Code §1106 outweighed by Civ. Code §43.93 's discretionary admissibility in psychotherapist-patient sexual contact case.