RI Gen L § 11-37-13 Sexual Assault - Prior sexual conduct of the complainant - Admissibility of Evidence

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. The purpose of this “rape shield” statute is to encourage victims to report crimes without fear of inviting unnecessary probing into the victim’s sexual history.