The Vermont Statutes Online

Title 12: Court Procedure

Chapter 61: WITNESSES

Sub-Chapter 03: Examination

12 V.S.A. § 1646. Evidence of sexual conduct



§ 1646. Evidence of sexual conduct

(a) In a civil action arising from alleged wrongful sexual activity and in professional licensing board administrative hearings where alleged wrongful sexual activity is an issue:

(1) Neither opinion evidence of, nor evidence of the reputation of the complaining witness' sexual conduct shall be admitted.

(2) Evidence shall be required as it is for all other civil actions.

(3) Evidence of prior sexual conduct of the complaining witness shall not be admitted; provided, however, where it bears on the credibility of the complaining witness or it is material to a fact at issue and its probative value outweighs its private character, the court may admit:

(A) evidence of the complaining witness' past sexual conduct with the defendant;

(B) evidence of specific instances of the complaining witness' sexual conduct showing the source of origin of semen, pregnancy or disease;

(C) evidence of specific instances of the complaining witness' past false allegations of wrongful sexual activity.

(b) In a civil action arising from alleged wrongful sexual activity, if a party proposes to offer evidence described in subdivision (a)(3) of this section, that party shall prior to the introduction of such evidence file written notice of intent to introduce that evidence, and the court shall order an in camera hearing to determine its admissibility. All objections to materiality, credibility and probative value shall be stated on the record by the opposing party at the in camera hearing, and the court shall rule on the objections immediately, and prior to the taking of any other evidence. (Added 1995, No. 170 (Adj. Sess.), § 22, eff. Sept. 1, 1996.)