Section 60.42. §s of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases  


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  • Evidence of a victim's sexual conduct shall not  be  admissible  in  a
      prosecution for an offense or an attempt to commit an offense defined in
      article one hundred thirty of the penal law unless such evidence:
        1.  proves  or tends to prove specific instances of the victim's prior
      sexual conduct with the accused; or
        2. proves or tends to prove that the victim has been convicted  of  an
      offense  under  section 230.00 of the penal law within three years prior
      to the sex offense which is the subject of the prosecution; or
        3. rebuts evidence introduced by the people of the victim's failure to
      engage in sexual intercourse, oral sexual conduct, anal  sexual  conduct
      or sexual contact during a given period of time; or
        4.  rebuts  evidence introduced by the people which proves or tends to
      prove that the accused is the cause  of  pregnancy  or  disease  of  the
      victim, or the source of semen found in the victim; or
        5.  is  determined by the court after an offer of proof by the accused
      outside the hearing of the jury,  or  such  hearing  as  the  court  may
      require,  and a statement by the court of its findings of fact essential
      to its determination, to be relevant and admissible in the interests  of
      justice.