California, United States of America
The following excerpt is from People v. Herrera, E051246 (Cal. App. 2011):
Together, Evidence Code sections 1103, subdivision (c)(5) (the credibility exception) and 782, allow evidence of the complaining witness's sexual conduct to be admitted to impeach the credibility of the complaining witness, provided the defense follows the procedures set forth in Evidence Code section 782. "[T]he term 'sexual conduct' in section 782 is interpreted broadly." (People v. Tidwell (2008) 163 Cal.App.4th 1447, 1456.) Evidence Code section 782 requires the defendant, the proponent of the impeachment evidence, to file a written motion and an affidavit stating an offer of proof concerning how the evidence is relevant to the credibility of the complaining witness. (Evid. Code, 782.)
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