What is the test for admissibility of prior sexual conduct in a sexual assault case?

California, United States of America


The following excerpt is from People v. Del Cid, B302145 (Cal. App. 2021):

"The trial court is vested with broad discretion to weigh a defendant's proffered evidence, prior to its submission to the jury, 'and to resolve the conflicting interests of the complaining witness and the defendant.' [Citation.] '[T]he trial court need not even hold a hearing unless it first determines that the defendant's sworn offer of proof is sufficient.' " (People v. Mestas, supra, 217 Cal.App.4th at p. 1514.) As the court recognized in People v. Chandler (1997) 56 Cal.App.4th 703, 708, courts have narrowly exercised this discretion so as to avoid "undermining . . . the legislative intent to limit public exposure of the victim's prior sexual history. [Citations.] Thus, the credibility exception has been utilized sparingly, most often in cases where the victim's prior sexual history is one of prostitution." We review a trial court's ruling on the admissibility of prior sexual conduct for an abuse of discretion. (Id. at p. 711.)

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