491.015. Prosecuting witness in certain cases not to be interrogated as to prior sexual conduct.
Prosecuting witness in certain cases not to be interrogated as toprior sexual conduct.
491.015. 1. In prosecutions under chapter 566, RSMo, orprosecutions related to sexual conduct under chapter 568, RSMo,opinion and reputation evidence of the complaining witness' priorsexual conduct is inadmissible; evidence of specific instances ofthe complaining witness' prior sexual conduct or the absence ofsuch instances or conduct is inadmissible, except where suchspecific instances are:
(1) Evidence of the sexual conduct of the complainingwitness with the defendant to prove consent where consent is adefense to the alleged crime and the evidence is reasonablycontemporaneous with the date of the alleged crime; or
(2) Evidence of specific instances of sexual activityshowing alternative source or origin of semen, pregnancy ordisease;
(3) Evidence of immediate surrounding circumstances of thealleged crime; or
(4) Evidence relating to the previous chastity of thecomplaining witness in cases, where, by statute, previouslychaste character is required to be proved by the prosecution.
2. Evidence of the sexual conduct of the complaining witnessoffered under this section is admissible to the extent that thecourt finds the evidence relevant to a material fact or issue.
3. If the defendant proposes to offer evidence of the sexualconduct of the complaining witness under this section, he shallfile with the court a written motion accompanied by an offer ofproof or make an offer of proof on the record outside the hearingof the jury. The court shall hold an in camera hearing todetermine the sufficiency of the offer of proof and may at thathearing hear evidence if the court deems it necessary todetermine the sufficiency of the offer of proof. If the courtfinds any of the evidence offered admissible under this sectionthe court shall make an order stating the scope of the evidencewhich may be introduced. Objections to any decision of the courtunder this section may be made by either the prosecution or thedefendant in the manner provided by law. The in camera hearingshall be recorded and the court shall set forth its reasons forits ruling. The record of the in camera hearing shall be sealedfor delivery to the parties and to the appellate court in theevent of an appeal or other post trial proceeding.
(L. 1977 H.B. 502 § 1, A.L. 1986 S.B. 450)Effective 3-17-86
(1982) Rape shield law creates only a presumption that evidence of a victim's prior sexual conduct is irrelevant; in limited circumstances such conduct may be relevant if proper procedural steps are followed. State v. Brown (Mo.banc), 636 S.W.2d 929.
(1987) For purposes of subdivision (1) of subsection 1 of this section, two years has been held not to be "reasonably contemporaneous", even in circumstances where the element of consent is extraordinary. State v. Foulk, 725 S.W.2d 56 (Mo.App.E.D.).
(1993) Rape shield statute is intended to protect complaining witness from questions regarding prior sexual conduct and does not prevent defendant from cross examining witness concerning prior sexual abuse complaint to establish motive for witness to fabricate present complaint. State v. Lampley, 859 S.W.2d 909 (Mo.App.E.D.).