SEXUAL ABUSE SHIELD RULE

It states that the following evidence is not admissible in any criminal proceeding involving alleged child sexual abuse:

Evidence offered to prove that the alleged victim engaged in other sexual behavior; and
Evidence offered to prove the sexual predisposition of the alleged victim [Sec. 30(a)].

Exception:

Evidence of specific instances of sexual behavior by the alleged victim to prove that a person other than the accused was the source of semen, injury, or other physical evidence shall be admissible [Sec. 30(b), Rule on Examination of Child Witness].

A party intending to offer such evidence must:

File a written motion at least fifteen (15) days before trial, specifically describing the evidence and stating the purpose for which it is offered, unless the court, for good cause, requires a different time for filing or permits filing during trial; and
Serve the motion on all parties and the guardian ad litem at least three (3) days before the hearing of the motion.

Before admitting such evidence, the court must conduct a hearing in chambers and afford the child, his guardian ad litem, the parties, and their counsel a right to attend and be heard. The motion and the record of the hearing must be sealed and remain under seal and protected by a protective order set forth in Section 31(b). The child shall not be required to testify at the hearing in chambers except with his consent.

DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. It should not be used as sole basis in filing a case, instead, consult your lawyer for proper legal advice.

Neil Christian

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