Is evidence of prior sexual conduct of a molestation or sexual assault victim allowed to be admitted at trial?

California, United States of America


The following excerpt is from People v. Carbajal, C084752 (Cal. App. 2020):

Evidence of the prior sexual conduct of a molestation or sexual assault victim is generally excluded at trial. (People v. Woodward (2004) 116 Cal.App.4th 821, 831.) Evidence Code section 782 provides a limited exception that allows the admission of evidence in some prosecutions, including in prosecutions for violations of Penal Code section 288.5, for impeachment purposes if movants follow certain procedures and courts make certain findings. (Evid. Code, 782, subd. (a).)

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