Sexual Offense Against Another Person - Evidence of Complaining Witness's Previous Sexual Conduct Inadmissible - Tulsa Trial Attorneys
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Sexual Offense Against Another Person - Evidence of Complaining Witness's Previous Sexual Conduct Inadmissible - Exception
A. In a criminal case in which a person is accused of a sexual offense against another person, the following is not admissible:
1. Evidence of reputation or opinion regarding other sexual behavior of a victim or the sexual offense alleged.
2. Evidence of specific instances of sexual behavior of an alleged victim with persons other than the accused offered on the issue of whether the alleged victim consented to the sexual behavior with respect to the sexual offense alleged.
B. The provisions of subsection A of this section do not require the exclusion of evidence of:
1. Specific instances of sexual behavior if offered for a purpose other than the issue of consent, including proof of the source of semen, pregnancy, disease or injury;
2. False allegations of sexual offenses; or
3. Similar sexual acts in the presence of the accused with persons other than the accused which occurs at the time of the event giving rise to the sexual offense alleged.
C. 1. If the defendant intends to offer evidence described in subsection B of this section, the defendant shall file a written motion to offer such evidence accompanied by an offer of proof not later than fifteen (15) days before the date on which the trial in which such evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which such evidence relates has newly arisen in the case. Any motion made under this paragraph shall be served on all other parties by counsel for the defendant and on the alleged victim by the district attorney.
2. If the court determines that the motion and offer of proof described in paragraph 1 of this subsection contains evidence described in subsection B of this section, the court may order an in-camera hearing to determine whether the proffered evidence is admissible under subsection B of this section. 12 O.S. 2412
General Provisions
Judicial Notice
Presumptions
Relevance
Relevant Evidence Generally Admissible - Irrelevant Evidence Inadmissible
Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion or Cumulative Nature of Evidence
Offer to Plead Guilty - Nolo Contendere - Withdrawn Plea of Guilty
Sexual Offense Against Another Person - Evidence of Complaining Witness’s Previous Sexual Conduct Inadmissible - Exception
Evidence of Commission of Other Sexual Assault Offense - Admissibility - Disclosures by Prosecutor
Privilege
Renumbered as 12 O.S. § 2503.1 by Laws 2002, HB 1939, c. 468, § 78, eff. November 1, 2002
Peer Support Counseling Privilege
Political Vote
Trade Secrets
Secrets of State and Other Official Information; Governmental Privileges
Identity of Informer
Crime Stoppers Organization
Waiver of Privilege by Voluntary Disclosure
Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege
Comment Upon or Inference From Claim of Privilege - Instruction
Witnesses
General Rule of Competency
Lack of Personal Knowledge
Oath or Affirmation
Interpreters
Competency of Judge as Witness
Competency of Juror as Witness
Who May Impeach
Evidence of Character and Conduct of Witness
Impeachment by Evidence of Conviction of Crime
Religious Beliefs or Opinions
Mode and Order of Interrogation and Presentation
Repealed
Unusual Court Procedures to Protect Rights of Incapacitated Persons - Criminal Defendant - Judicial Integrity
Uniform Child Witness Testimony by Alternative Methods Act
Short Title
Definitions
Applicability in Criminal and Noncriminal Proceedings
Hearing - When Ordered, How Conducted, Rules of Evidence
When Child Witness May Testify by Alternate Means - Findings, Factors, Evidentiary Standards
Factors Affecting Selection of Alternate Method of Testifying
Orders
Opportunity for Cross Examination
Construction of Act
Use of a Certified Therapeutic Dog
Writing Used to Refresh Memory
Prior Statements of Witnesses
Calling and Interrogation of Witnesses by Court
Exclusion of Witnesses
Expert and Opinion Testimony
Opinion Testimony by Lay Witnesses
Testimony by Experts
Bases of Opinion Testimony by Experts
Opinion on Ultimate Issue
Disclosure of Facts or Data Underlying Expert Opinion
Hearsay
Definitions
Hearsay Rule
Hearsay Exceptions - Availability of Declarant Immaterial
Statements by Certain Children Regarding Physical or Sexual Abuse - Admissibility
Renumbered as 12 O.S. § 2611.2 by Laws 1999, SB 481, c. 108, § 1, eff. November 1, 1999
Hearsay Exception - Declarant Unavailable
Hearsay Exception - Exceptional Circumstances
Hearsay Within Hearsay
Attacking and Supporting Credibility of Declarant
Authentication and Identification
Requirement of Authentication or Identification
Self-Authentication
Subscribing Witness's Testimony Unnecessary
Contents of Writings, Recordings and Photographs
Definitions
Requirement of Original
Admissibility of Duplicates
Admissibility of Other Evidence of Contents
Public Records
Summaries
Testimony or Written Admission of Party
Functions of Judge and Jury
Medical Bills - Identification
Admissibility of Medical Expenses
Repealed
Admissibility of Evidence of Assemblage in Exercise of Free Speech or Display of Religious Beliefs
Sexual Offense Against Another Person - Evidence of Complaining Witness's Previous Sexual Conduct Inadmissible Litigation Expertise
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