What is the test for cross-examining a complaining witness's testimony that relates to his sexual conduct?
California, United States of America
The following excerpt is from People v. Valencia-Olivares, F061319 (Cal. App. 2012):
Evidence Code section 1103, subdivision (c)(4) provides that if a complaining witness gives testimony that relates to his or her "sexual conduct," the defense may cross-examine the witness and offer relevant evidence limited to the rebuttal of that testimony. "Sexual conduct" means behavior that reflects the complaining witness's "willingness to engage in sexual activity," as required by Evidence Code section 782. (People v.
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