N.Y. Family Court Act § 344.4: Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases

§ 344.4. 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 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 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 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.