Section 23.21 Sexual Offenses

• Library: Criminal Practice 2012 Supp

b. (§23.21) Sexual Offenses

Opinion and reputation evidence of the complaining witness’s prior sexual conduct may be admissible in a prosecution under Chapter 566, RSMo (sexual offenses), or related to sexual conduct under Chapter 568, RSMo, subject to limitations provided by § 491.015, RSMo 2000, the “rape shield” statute. Specific instances of sexual conduct are admissible to show:

· sexual conduct of the complaining witness with the defendant to prove consent if reasonably contemporaneous with the date of the alleged crime;

· sexual activity showing an alternative source of origin of semen, pregnancy, or disease;

· the surrounding circumstance of the alleged crime; and

· evidence relating to the previous chastity of the complaining witness when, by statute, previous chaste character must be proved by the prosecution.

Section 491.015.1(1)–(4).

A defendant proffering evidence of sexual conduct of the complaining witness must file a written motion with offer of proof or make an offer of proof on the record outside the hearing of the jury. Section 491.015.3; State v. Miller, 870 S.W.2d 242, 245 (Mo. App. S.D. 1994). The court shall hold an in camera hearing and rule on the question of admissibility, with the ruling to be sealed and delivered to the parties and the appellate court in the event of an appeal. Section 491.015.3; State v. Fellows, 629 S.W.2d 613, 615 (Mo. App. W.D. 1981).

Section 491.015 has been held to be...