Is evidence of sexual conduct of a complainant admissible in a sexual assault case?

"New York", United States of America

The following excerpt is from People v. Scott, 16 N.Y.3d 589, 2011 N.Y. Slip Op. 03647, 925 N.Y.S.2d 384, 949 N.E.2d 475 (N.Y. 2011):

We recognize that, in the interests of justice, evidence of a complainant's sexual conduct may be admissible if it is relevant to a defense ( see generally People v. Jovanovic, 263 A.D.2d 182, 198, 700 N.Y.S.2d 156 [1st Dept.1999] [application of section 60.42(5) to redacted e-mailscontaining evidence to which the Rape Shield Law would have appliedbecause they were highly relevant to establishing the defense] ). In contrast, such evidence must be precluded if it does not tend to establish a defense to the crime because it will only harass the victim and possibly confuse the jurors.

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