Michael J. Hutter Application of New York's Rape Shield Law to Civil Actions
In his Evidence column, Michael J. Hutter discusses statutes that emerged to curtail or otherwise overrule New York's common law that permitted the admission of evidence of the past sexual behavior of the complainant in a sexual assault prosecution to establish the complainant's unchaste character.
August 05, 2020 at 11:59 AM
13 minute read
New York's "Rape Shield Law" is comprised of three statutes: CPL 60.42, enacted in 1975; CPL 60.43, enacted in 1980; and CPL 60.48, enacted in 1994. See Guide to New York Evidence Rule 4.20.[1] As to the scope of these statutes, CPL 60.42 precludes evidence of a complainant's prior sexual conduct in a prosecution for a "sex offense" set forth in Article 130 of the Penal Law; CPL 60.43 extends the evidentiary shield provided in 60.42 to a prosecution for "any offense" set forth in the Penal Law; and CPL 60.48 prohibits evidences of the complainant's manner of dress at the time of the commission of a charged sex offense as set forth in Article 130 of the Penal Law.
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