New Jersey § 2c:14-7

§ 2c:14-7.

a. In prosecutions for aggravated sexual assault, sexual assault, aggravated criminal

sexual contact, criminal sexual contact, human trafficking involving sexual activity, endangering the welfare of a child in violation of N.J.S.2C:24-4 , or the fourth degree crime of lewdness in violation of subsection b. of N.J.S.2C:14-4 , evidence of the victim's previous sexual conduct shall not be admitted nor reference

made to it in the presence of the jury except as provided in this section. When the defendant seeks to admit such evidence for any purpose, the defendant must

apply for an order of the court before the trial or preliminary hearing, except that

the court may allow the motion to be made during trial if the court determines that

the evidence is newly discovered and could not have been obtained earlier through

the exercise of due diligence. After the application is made, the court shall conduct a hearing in camera to determine

the admissibility of the evidence. If the court finds that evidence offered by the defendant regarding the sexual conduct

of the victim is relevant and highly material and meets the requirements of subsections

c. and d. of this section and that the probative value of the evidence offered substantially

outweighs its collateral nature or the probability that its admission will create

undue prejudice, confusion of the issues, or unwarranted invasion of the privacy of

the victim, the court shall enter an order setting forth with specificity what evidence

may be introduced and the nature of the questions which shall be permitted, and the

reasons why the court finds that such evidence satisfies the standards contained in

this section. The defendant may then offer evidence under the order of the court. b. In the absence of clear and convincing proof to the contrary, evidence of the victim's

sexual conduct occurring more than one year before the date of the offense charged

is presumed to be inadmissible under this section. c. Evidence of previous sexual conduct with persons other than the defendant which

is offered by any lay or expert witness shall not be considered relevant unless it

is material to proving the source of semen, pregnancy or disease. d. Evidence of the victim's previous sexual conduct with the defendant shall be considered

relevant if it is probative of whether a reasonable person, knowing what the defendant

knew at the time of the alleged offense, would have believed that the alleged victim

freely and affirmatively permitted the sexual behavior complained of. e. Evidence of the manner in which the victim was dressed at the time an offense was

committed shall not be admitted unless such evidence is determined by the court to

be relevant and admissible in the interest of justice, after an offer of proof by

the proponent of such evidence outside the hearing of the jury or at such hearing

as the court may require, and a statement by the court of its findings of fact essential

to its determination. A statement by the court of its findings shall also be included in the record. f. For the purposes of this section, “ sexual conduct ” shall mean any conduct or behavior relating to sexual activities of the victim,

including but not limited to previous or subsequent experience of sexual penetration

or sexual contact, use of contraceptives, sexual activities reflected in gynecological

records, living arrangement and life style.