Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases

§ 60.42 Rules of evidence; admissibility of evidence of victim's sexual

conduct in sex offense cases.

Evidence of a victim's sexual conduct shall not be admissible in a
prosecution for an offense or an attempt to commit an offense defined in
article one hundred thirty or in section 230.34 of the penal law unless
such evidence:

1. proves or tends to prove specific instances of the victim's prior
sexual conduct with the accused; or

2. proves or tends to prove that the victim has been convicted of an
offense under section 230.00 of the penal law within three years prior
to the sex offense which is the subject of the prosecution; or

* 3. rebuts evidence introduced by the people of the victim's failure
to engage in sexual intercourse, oral sexual conduct, anal sexual
conduct or sexual contact during a given period of time; or

* NB Effective until September 1, 2024

* 3. rebuts evidence introduced by the people of the victim's failure
to engage in vaginal sexual contact, oral sexual contact, anal sexual
contact or sexual contact during a given period of time; or

* NB Effective September 1, 2024

4. rebuts evidence introduced by the people which proves or tends to
prove that the accused is the cause of pregnancy or disease of the
victim, or the source of semen found in the victim; or

5. is determined by the court after an offer of proof by the accused
outside the hearing of the jury, or such hearing as the court may
require, and a statement by the court of its findings of fact essential
to its determination, to be relevant and admissible in the interests of
justice.