Section 74 of the Evidence Act governs “[r]estrictions on evidence at trials for rape.” This section provides that when a man is being prosecuted for rape or attempted rape, the “sexual experience of a complainant with a person other than that defendant” is inadmissible. The exception to this rule is if a judge is satisfied that it would be unfair to the defendant to refuse to allow the evidence.
Under Section 211 of the Evidence Act, a man charged with rape, attempt to commit rape, or indecent assault may, as a defense, show that the alleged victim against whom the offence is alleged to have been committed was of a “generally immoral character.” The victim is not to be cross-examined on the subject but may be asked whether she has had “connection” with other men, a term not defined but presumably referring to previous sexual relations. The victim’s answer to this question cannot be contradicted.
Under Rhode Island General Laws § 11-37-13, if a defendant charged with sexual assault intends to introduce evidence at trial that the victim has engaged in sexual activities with other persons, they must give prior notice to the court of the intention to introduce such evidence. The notice must be given orally and out of earshot of any other spectators or jurors. Upon receiving such notice, the court must order the defendant to make a specific offer of the proof that they intend to introduce, and the court will rule on the admissibility of the evidence before it can be offered at trial.
A public bus driver was convicted of sexually assaulting three developmentally disabled women, two of whom were passengers on the defendant’s bus route. On appeal, the defendant challenged his conviction on several grounds, one of which was that the trial court erred in precluding him from questioning the victim’s mother about a previous incident that suggested the victim was promiscuous.
