Rape shield law.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0187.E1

HOUSE BILL
NO.
HB0036

Rape shield law.

Sponsored by:
Representative(s) Gingery, Petersen and Quarberg and Senator(s) Decaria

A BILL

for

AN ACT relating to crimes and offenses; specifying evidence that is admissible and is not admissible with respect to the victim's sexual conduct or communications in a sexual assault trial; providing exceptions; repealing procedures for the admission of evidence relating to the victim's prior sexual conduct, reputation and character; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 6
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2
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312 by creating new subsections (d) and (e) is amended to read:

6
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2
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312.

Evidence of victim's prior sexual conduct or reputation; procedure for introduction.

(d)

In any prosecution under W.S. 6
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2
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302 through 6
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2
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304 or for any lesser included offense, evidence of the victim's sexual conduct and the victim's sexual communication with the defendant on the occurrence at issue is admissible. Direct or opinion evidence of the victim's sexual conduct and sexual communication prior or subsequent to the occurrence at issue is inadmissible, subject to the following exceptions under which said evidence may be admissible:

(i)

Evidence of an alternative source for the semen, pregnancy, disease or injury that the victim suffered as a result of the act charged;

(ii)

Evidence of negotiations between the victim and the actor to convey consent in a specific way or to engage in a specific sexual act at issue;

(iii)

Evidence of the victim's bias or motive to fabricate the act charged;

(iv) Evidence of the victim's prior false allegations of sexual assault.

(e) A written motion shall be made by the defendant to the court at least ten (10) days prior to trial stating the defendant intends to introduce evidence pursuant to paragraphs (d)(i) through (iv) of this section. The court shall order a hearing in chambers and shall issue an order stating what evidence shall be admissible pursuant to paragraphs (d)(i) through (iv) of this section. Any motion submitted pursuant to this subsection is privileged information and shall not be released or made available for public use or scrutiny in any manner, including post-trial proceedings.

Section 2.
W.S. 6
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2
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312(a) through (c) is repealed.

Section 3.
This act is effective July 1, 2007.

(END)

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HB0036