N.Y. Criminal Procedure Law § 60.42: Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases

§ 60.42 Rules of evidence; admissibility of evidence of victim's sexual

conduct in sex offense cases.

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 or in section 230.34 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 vaginal sexual contact, oral sexual contact, anal sexual

contact 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.