West Virginia Statutes

§ 61-8B-11 — Sexual offenses; evidence

West Virginia·Ch. 61 CRIMES AND THEIR PUNISHMENT·Art. 8B SEXUAL OFFENSES
(a)In any prosecution under this article in which the victim’s lack of consent is based solely on the incapacity to consent because such victim was below a critical age, evidence of specific instances of the victim’s sexual conduct, opinion evidence of the victim’s sexual conduct, and reputation evidence of the victim’s sexual conduct shall not be admissible. In any other prosecution under this article, evidence of specific instances of the victim’s prior sexual conduct with the defendant shall be admissible on the issue of consent:Provided,That such evidence heard first out of the presence of the jury is found by the judge to be relevant.
(b)In any prosecution under this article evidence of specific instances of the victim’s sexual conduct with persons other than the defendant, opinion

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Legislative History

2020 Reg. Sess., SB125; 2019 Reg. Sess., SB563; 2019 Reg. Sess., HB150; 1984 Reg. Sess., HB2032; 1976 Reg. Sess., SB154

Nearby Sections

15
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