§ 6-2-312 — Evidence of victim's prior sexual conduct or reputation; procedure for introduction

Wyoming § 6-2-312

• Jurisdiction: Wyoming
• Title 06: Crimes and Offenses
• Ch. 2: OFFENSES AGAINST THE PERSON
• Art. 3: SEXUAL ASSAULT

Text

(a) In any prosecution under this article or for any
lesser included offense, if evidence of the prior sexual conduct
of the victim, reputation evidence or opinion evidence as to the
character of the victim is to be offered the following procedure
shall be used:
(i) A written motion shall be made by the defendant
to the court at least ten (10) days prior to the trial stating
that the defense has an offer of proof of the relevancy of
evidence of the sexual conduct of the victim and its relevancy
to the defense;
(ii) The written motion shall be accompanied by
affidavits in which the offer of proof is stated;
(iii) If the court finds the offer of proof
sufficient, the court shall order a hearing in chambers, and at
the hearing allow the questioning of the victim regarding the
offer of proof made by the defendant and other pertinent
evidence;
(iv) At the conclusion of the hearing, if the court
finds that the probative value of the evidence substantially
outweighs the probability that its admission will create
prejudice, the evidence shall be admissible pursuant to this
section. The court may make an order stating what evidence may
be introduced by the defendant, which order may include the
nature of the questions to be permitted.
(b) This section does not limit the introduction of
evidence as to prior sexual conduct of the victim with the
actor.
(c) Any motion or affidavit submitted pursuant to this
section is privileged information and shall not be released or
made available for public use or scrutiny in any manner,
including posttrial proceedings.