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2017 Mississippi Code
Title 97 - Crimes
Chapter 3 - Crimes Against the Person
§ 97-3-68. Rape; procedure for introducing evidence of sexual conduct of complaining witness; "complaining witness" defined
Universal Citation: MS Code § 97-3-68 (2017)
- (1) In any prosecution for rape under Section 97-3-65, former 97-3-67 or 97-3-71, if evidence of sexual conduct of the complaining witness is offered to attack the credibility of said complaining witness, the following procedure shall be followed:
- (a) A written motion shall be made by the defendant to the court and prosecutor stating that the defense has an offer of proof of the relevancy of evidence of the sexual conduct of the complaining witness proposed to be presented and its relevancy in attacking the credibility of the complaining witness.
- (b) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated.
- (c) If the court finds that the offer of proof is sufficient, the court shall order a closed hearing in chambers, out of the presence of the jury, if any, and at such closed hearing allow the questioning of the complaining witness regarding the offer of proof made by the defendant.
- (d) At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the sexual conduct of the complaining witness is relevant and otherwise admissible, the court may make an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court.
- (2) As used in this section and Section 97-3-70 [Repealed], "complaining witness" means the alleged victim of the crime charged, the prosecution of which is subject to this section.
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