California, United States of America
The following excerpt is from The People v. Manai, A120316, No. 199518 (Cal. App. 2010):
Manai is correct that sections 1103 and 782 do not require the exclusion of all evidence of a complaining witness's sexual conduct. There is "a distinction between evidence of prior sexual conduct offered to prove the character of the complaining witness and evidence of such conduct offered on a noncharacter theory. [Citations.]... [N]oncharacter evidence relevant to the witness's credibility may still be admissible even though involving prior sexual conduct.... '[W]hen the evidence is offered on a noncharacter theory, the mere fact of prior sexual conduct is never in itself important. It becomes important only when linked with other facts that prove, for example, modus operandi or motive to lie____' [Citation.]" (People v. Steele (1989) 210 Cal.App.3d 67, 75.)
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