Can a defendant ask the victim of sexual assault about their past sexual activity?
California, United States of America
The following excerpt is from People v. White, B276509 (Cal. App. 2017):
A defendant generally cannot question the victim of a sexual assault about his or her prior sexual activity. (People v. Bautista (2008) 163 Cal.App.4th 762, 781.) More specifically, evidence of the sexual history of a complaining witness in a section 289 prosecution is not admissible when offered by the defendant "in order to prove consent by the complaining witness." (Evid. Code, 1103, subd. (c)(1).)
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