The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 072 : Sexual Assault

Subchapter 001 : CRIMES; TRIAL

• § 3255. Evidence

  (a) In a prosecution for a crime defined in this chapter and in sections 2601 and 2602 of this title, for human trafficking or aggravated human trafficking under chapter 60 of this title, or for abuse of a vulnerable adult under chapter 28 of this title or 33 V.S.A. chapter 69:

  (1) Neither opinion evidence of nor evidence of the reputation of the complaining witness’ sexual conduct shall be admitted.

  (2) Evidence shall be required as it is for all other criminal offenses, and additional corroborative evidence set forth by case law regarding sexual assault shall no longer be required.

  (3) Evidence of prior sexual conduct of the complaining witness shall not be admitted; provided, however, where it bears on the credibility of the complaining witness or it is material to a fact at issue and its probative value outweighs its private character, the court may admit:

  (A) evidence of the complaining witness’ past sexual conduct with the defendant;

  (B) evidence of specific instances of the complaining witness’ sexual conduct showing the source of origin of semen, pregnancy, or disease; and

  (C) evidence of specific instances of the complaining witness’ past false allegations of violations of this chapter.

  (b) In a prosecution for a crime defined in this chapter and in a prosecution pursuant to sections 2601 and 2602 of this title, for human trafficking or aggravated human trafficking under chapter 60 of this title, or for abuse or exploitation of a vulnerable adult under 33 V.S.A. § 6913(b), if a defendant proposes to offer evidence described in subdivision (a)(3) of this section, the defendant shall prior to the introduction of such evidence file written notice of intent to introduce that evidence, and the court shall order an in camera hearing to determine its admissibility. All objections to materiality, credibility, and probative value shall be stated on the record by the prosecutor at the in camera hearing, and the court shall rule on the objections forthwith, and prior to the taking of any other evidence.

  (c) In a prosecution for a crime defined in this chapter and in sections 2601 and 2602 of this title or for human trafficking or aggravated human trafficking under chapter 60 of this title, if the defendant takes the deposition of the complaining witness, questions concerning the evidence described in subdivisions (a)(1) and (3) of this section shall not be permitted. (Added 1977, No. 51, § 1; amended 1993, No. 100, § 14; 1995, No. 170 (Adj. Sess.), § 23, eff. Sept. 1, 1996; 2011, No. 55, § 8; 2017, No. 113 (Adj. Sess.), § 50.)