Does a defendant have to question a witness who claims to be the victim of sexual assault about their prior sexual activity?

California, United States of America


The following excerpt is from People v. Griffin, F068898 (Cal. App. 2017):

Generally, a defendant may not question a witness who claims to be the victim of sexual assault about the victim's prior sexual activity. ( 1103, subd. (c)(1); People v. Mestas (2013) 217 Cal.App.4th 1509, 1513.) Section 782, however, provides an exception to this general rule, and applies when the defense seeks to introduce relevant

Page 30

Other Questions


Does a defendant's sexual misconduct with respect to both victims of the same sexual assault have a greater probative value than the accused's prior sexual misconduct? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
What is the test for determining whether a defendant acted in self-defense against an assault victim who had been threatened or assaulted prior to the assault? (California, United States of America)
Does a non-victim witness in a sexual assault case have to be a witness who was not a victim of the crime? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can a defendant ask the victim of sexual assault about their past sexual activity? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
Can a jury infer that defendant devised a plan to kill the victim to avoid detection for sexual assault during or after the sexual assault? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.