What is the test for admitting evidence about sexual conduct of a sex crime victim?

California, United States of America


The following excerpt is from People v. Villegas, F070530 (Cal. App. 2018):

Evidence about the sexual conduct of a sex crime victim is admissible only under very strict conditions. Such evidence is inadmissible to prove the victim's consent to the charged sex crime. (Evid. Code, 1103, subd. (c)(1); People v. Fontana (2010) 49 Cal.4th 351, 362.) Such evidence, however, may be admissible to attack the credibility of the complaining witness when presented in conformity with the procedures under Evidence Code section 782. (People v. Fontana, supra, 49 Cal.4th at p. 362.)

To admit such evidence, a defendant must submit a written motion accompanied by an affidavit under seal. The affidavit must contain an offer of proof showing the relevancy of the victim's other sexual conduct. (People v. Fontana, supra, 49 Cal.4th at p. 362.) If the trial court finds that the offer of proof is sufficient, it shall order a hearing

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