New York Rape Shield Law, Criminal Procedure Code § 60.42
§ 60.42 Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases.
Evidence of a victim's sexual conduct shall not be admissible in a prosecution for an offense or an attempt to commit an offense defined in article one hundred thirty of the penal law unless such evidence:
1. proves or tends to prove specific instances of the victim's prior sexual conduct with the accused; or
2. proves or tends to prove that the victim has been convicted of an offense under section 230.00 of the penal law within three years prior to the sex offense which is the subject of the prosecution; or
3. rebuts evidence introduced by the people of the victim's failure to engage in sexual intercourse, deviate sexual intercourse or sexual contact during a given period of time; or
4. rebuts evidence introduced by the people which proves or tends to prove that the accused is the cause of pregnancy or disease of the victim, or the source of semen found in the victim; or
5. is determined by the court after an offer of proof by the accused outside the hearing of the jury, or such hearing as the court may require, and a statement by the court of its findings of fact essential to its determination, to be relevant and admissible in the interests of justice.
§ 60.43 Rules of evidence; admissibility of evidence of victim's sexual conduct in non-sex offense cases.
Evidence of the victim's sexual conduct, including the past sexual conduct of a deceased victim, may not be admitted in a prosecution for any offense, attempt to commit an offense or conspiracy to commit an offense defined in the penal law unless such evidence is determined by the court to be relevant and admissible in the interests of justice, after an offer of proof by the proponent of such evidence outside the hearing of the jury, or such hearing as the court may require, and a statement by the court of its findings of fact essential to its determination.
UPDATE: The appeal in the Jovanovic case was argued before the Appellate Division of the Supreme Court of the State of New York on February 2, 1999: 'Cybersex' Appeal Raises Shield Law, Consent Issues.
New York Rape Shield Law
Here are links:
Contact address - please send e-mail to the following address: Sloan@ishipress.com
- Former Chess Prodigy Convicted in Cyber-Sex Torture Trial
- Georgia court to hear appeal concerning Georgia rape shield law
- Rape Shield Does Not Limit Prosecutors
- New York Rape Shield Law
- Nightmares of the net, by Lisa Rosenthal in World Net Daily
- Oliver Jovanovic: First Sacrifice of the Digital Age, by Sandro Cohen
- Court rules that prostitutes past is protected by Rape Shield law
- New York Criminal Procedure Code
- Psychology Today - Cybersex; trail shows post-modern courtship as reflected in e-mail exchanges
- David H. Figurski, Professor of Microbiology, writes that conviction and sentencing of Oliver Jovanovic has adverse consequences for the future of the entire human race
- ANGRY JUDGE SLAPS 'TERRORIST' CYBERFIEND WITH 15-TO-LIFE
- Cybersadist Gets 15 to Life in Jail
- Defendant in Internet Torture Case Gets 15 Years
- Sam Sloan confesses that he personally committed acts for which Jovanovic was sentenced to 15 years
- The Wall Street Journal, Monday, April 20, 1998: Don't shield Juries from the Truth in Sex Cases
- Letters from Jamie Rzucek to Oliver Jovanovic, which the jury was not allowed to see
- El sádico que dijo: No Oliver Jovanovic: Primer sacrificio de la era digital
- Man Convicted of Abusing Woman He Met Via Internet
- Doctors Rebut Accuser in Internet Torture Trial
- Linda Fairstein, Prosecutor of Oliver Jovanovic and author of "Likely to Die"
- Your Guide to Bondage/Discipline/S&M
- GAL PAL 'VICTIM' KNEW R0PES 0F GAME
- Crimes and Punishment: The New York Daily News
- Justice for Oliver Jovanovic?
- Conversation between Marinza Bruinem and Linda Fairstein
- Meet Jamie Rzucek a/k/a "Madame X"
- Profile of Judge William Wetzel
- Twinkle, Twinkle Little Stars
- Cyber 'perv' meets
- Free Oliver Jovanovic (or OJ) homepage
- The Boston Globe: Defense Charges Perjury in Cybersex Tourure Trial
- JOVANOVIC'S LAWYER VOWS HE'LL APPEAL
- FRONT PAGE: THE NEW YORK POST: Cybersex Chess Torture "conviction in the courtroom of Judge William Wetzel is the worst miscarriage of justice since they abolished lynching."
- Rolling Stone Magazine - Inside the Cybersex Trial
- Tapes Raise New Doubts About 'Sybil' Personalities