CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...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.