Section 344.4. Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases  


Latest version.
  • Evidence  of  a  victim's  sexual
      conduct shall not be admissible in a juvenile delinquency proceeding for
      a  crime  or an attempt to commit a crime 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 juvenile delinquency
      proceeding; or
        3. rebuts  evidence  introduced  by  the  presentment  agency  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 presentment agency  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,
      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.