CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Witness Credibility Evidence
......Impeach: Sex Conduct of Sex Victim
7 Cards On This Topic:
Procedure to be used when attacking complaining witness' credibility with evidence of prior sexual conduct.
Evidence of sexual conduct offered to attack P's credibility in civil actions.
Notice provisions of rape-shield laws constitutional, and state courts have latitude in admission of evidence.
Compliance with Evid. Code §782 procedural requirements required prior to introducing complaining witness' (including a child's) prior sexual conduct for impeachment; masturbation is "sexual conduct."
Evidence rape V solicited act of prostitution shortly before rape held inadmissible.
Evid. Code §782, which allows sexual conduct credibility evidence, and Evid. Code §1103, which excludes character evidence re consent, distinguished.
Error to exclude V's statement falsely accusing mother of sexual molestation: Evidence relevant to V's credibility, not her sexual conduct excludable under Evid. Code §782.