2005 Idaho Code - 18-6105 — EVIDENCE OF PREVIOUS SEXUAL CONDUCT OF PROSECUTING WITNESS

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 61
                                     RAPE
    18-6105.  EVIDENCE OF PREVIOUS SEXUAL CONDUCT OF PROSECUTING WITNESS. In
prosecutions for the crime of rape, evidence of the prosecuting witness'
previous sexual conduct shall not be admitted nor reference made thereto in
the presence of the jury, except as provided hereinafter.  The defendant may
make application to the court before or during the trial for the admission of
evidence concerning the previous sexual conduct of the prosecuting witness.
Upon such application the court shall conduct a hearing out of the presence of
the jury as to the relevancy of such evidence of previous sexual conduct and
shall limit the questioning and control the admission and exclusion of
evidence upon trial. Nothing in this section shall limit the right of either
the state or the accused to impeach credibility by the showing  of prior
felony convictions.