If a defendant who is charged with the crime of sexual assault intends to introduce
proof that the complaining witness has engaged in sexual activities with other persons,
he or she shall give notice of that intention to the court and the attorney for the
state. The notice shall be given prior to the introduction of any evidence of that
fact; it shall be given orally out of the hearing of spectators and, if the action
is being tried by a jury, out of the hearing of the jurors. Upon receiving the notice,
the court shall order the defendant to make a specific offer of the proof that he
or she intends to introduce in support of this issue. The offer of proof, and all
arguments relating to it, shall take place outside the hearing of spectators and jurors.
The court shall then rule upon the admissibility of the evidence offered.
Notes of Decisions
Cited in
12
cases, 1983–2017 · leading case:
State v. Lynch, 854 A.2d 1022 (R.I. 2004).
State v. Lynch, 854 A.2d 1022 (R.I. 2004).
· cites it 6× “The focus of the hearing on the motions was whether evidence of Mary's previous sexual activities was protected by the rape shield statute, G.L.1956 § 11-37-13, which permits a defendant to introduce evidence that the complaining witness engaged in prior sexual conduct, only…”
State v. Yanez, 716 A.2d 759 (R.I. 1998).
· cites it 7× “[14] The majority claims that allowing a defendant accused of statutory rape to present evidence relating to a reasonable mistake concerning the other person's age would "open the door to the introduction of evidence concerning a victim's past sexual conduct" contrary to…”
State v. Robert Burnham, 58 A.3d 889 (R.I. 2013).
· cites it 4× “The state contends that defendant failed to adhere to the prerequisites of Rule 412 of the Rhode Island *903 Rules of Evidence, as well as the requirements of G.L.1956 § 11-37-13, before he cross-examined Jane about her purported prior sexual activity with third parties.”
State v. Martinez, 824 A.2d 443 (R.I. 2003).
· cites it 3× “The state farther relied on G.L. 1956 § 11-37-13, the rape shield statute, as a ground to exclude the proffered testimony.”
State v. Rivera, 987 A.2d 887 (R.I. 2010).
· cites it 2× “The rape-shield statute, G.L.1956 § 11-37-13, requires a defendant to notify the trial justice of his or her intention to introduce evidence pertaining to the complaining witness’ sexual activities, with a specific offer of proof.”
State v. Dorsey, 783 A.2d 947 (R.I. 2001).
· cites it 2× “This statute, G.L.1956 § 11-37-13, requires a defendant who is charged with the crime of sexual assault and who intends to introduce proof that the complaining witness has engaged in sexual activities with other persons, to give advance notice of that intention to the court and…”
State v. Oliveira, 576 A.2d 111 (R.I. 1990).
· cites it 2× “1956 (1981 Reenactment) § 11-37-13, the so-called Rape Shield statute, and on Rule 412 of the Rhode Island Rules of Evidence.”
State v. Lemon, 456 A.2d 261 (R.I. 1983).
· cites it 2× “1956 (1981 Reenactment) § 11-37-13, restrict the admissibility of evidence of the past sexual experiences of a complainant in a sexual-assault case with persons other than the alleged assailant, (2) the admission into evidence of “mug shots” taken of Lemon, and (3) the admission…”
State v. Bernier, 491 A.2d 1000 (R.I. 1985).
“Defense counsel offered this evidence to show that Carolyn was not the innocent girl she appeared to be and that this information would be relevant on the issue of consent.”
State v. Castellucci, 771 A.2d 902 (R.I. 2001).
· cites it 4× “The state objected, based on lack of proper notice pursuant to G.L.1956 § 11-37-13, and the trial justice decided to “preclude [defense counsel] from going any further concerning this line of inquiry.”
Portillo v. State, 211 So. 3d 1135 (Fla. 3d DCA 2017).
· cites it 2× “§ 3104; R.I. Gen. Laws § 11-37-13; S.C. Code Ann.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.