Oklahoma § 12-2412 - Sexual offense against another person - Evidence of other

§ 12-2412. Sexual offense against another person - Evidence of other

sexual behavior inadmissible - Exceptions.

A. In a criminal case in which a person is accused of a sexual

offense against another person, the following is not admissible:

1. Evidence of reputation or opinion regarding other sexual

behavior of a victim or the sexual offense alleged.

2. Evidence of specific instances of sexual behavior of an

alleged victim with persons other than the accused offered on the

issue of whether the alleged victim consented to the sexual behavior

with respect to the sexual offense alleged.

Oklahoma Statutes - Title 12. Civil Procedure

B. The provisions of subsection A of this section do not

require the exclusion of evidence of:

1. Specific instances of sexual behavior if offered for a

purpose other than the issue of consent, including proof of the

source of semen, pregnancy, disease or injury;

2. False allegations of sexual offenses; or

3. Similar sexual acts in the presence of the accused with

persons other than the accused which occurs at the time of the event

giving rise to the sexual offense alleged.

C. 1. If the defendant intends to offer evidence described in

subsection B of this section, the defendant shall file a written

motion to offer such evidence accompanied by an offer of proof not

later than fifteen (15) days before the date on which the trial in

which such evidence is to be offered is scheduled to begin, except

that the court may allow the motion to be made at a later date,

including during trial, if the court determines either that the

evidence is newly discovered and could not have been obtained

earlier through the exercise of due diligence or that the issue to

which such evidence relates has newly arisen in the case. Any

motion made under this paragraph shall be served on all other

parties by counsel for the defendant and on the alleged victim by

the district attorney.

2. If the court determines that the motion and offer of proof

described in paragraph 1 of this subsection contains evidence

described in subsection B of this section, the court may order an

in-camera hearing to determine whether the proffered evidence is

admissible under subsection B of this section.

Added by Laws 1975, c. 19, § 1. Renumbered from Section 750 of

Title 22 by Laws 1992, c. 168, § 1, eff. Sept. 1, 1992. Amended by

Laws 1993, c. 197, § 1, eff. Sept. 1, 1993.