§ 11-37-13 - Prior sexual conduct of complainant – Admissibility of evidence. - Rhode Island Statutes

SECTION 11-37-13

   § 11-37-13  Prior sexual conduct ofcomplainant – Admissibility of evidence. – If a defendant who is charged with the crime of sexual assault intends tointroduce proof that the complaining witness has engaged in sexual activitieswith other persons, he or she shall give notice of that intention to the courtand the attorney for the state. The notice shall be given prior to theintroduction of any evidence of that fact; it shall be given orally out of thehearing of spectators and, if the action is being tried by a jury, out of thehearing of the jurors. Upon receiving the notice, the court shall order thedefendant to make a specific offer of the proof that he or she intends tointroduce in support of this issue. The offer of proof, and all argumentsrelating to it, shall take place outside the hearing of spectators and jurors.The court shall then rule upon the admissibility of the evidence offered.