Okla. Stat. tit. 12, § 12-2412
This is the official text of Okla. Stat. tit. 12, § 12-2412, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Sexual offense against another person - Evidence of other
Official statutory text
sexual behavior inadmissible - Exceptions.
A. In a criminal case in which a person is accused of a sexual
offense against another person, the following is not admissible:
1. Evidence of reputation or opinion regarding other sexual
behavior of a victim or the sexual offense alleged.
2. Evidence of specific instances of sexual behavior of an
alleged victim with persons other than the accused offered on the
issue of whether the alleged victim consented to the sexual behavior
with respect to the sexual offense alleged.
Oklahoma Statutes - Title 12. Civil Procedure Page 449
B. The provisions of subsection A of this section do not
require the exclusion of evidence of:
1. Specific instances of sexual behavior if offered for a
purpose other than the issue of consent, including proof of the
source of semen, pregnancy, disease or injury;
2. False allegations of sexual offenses; or
3. Similar sexual acts in the presence of the accused with
persons other than the accused which occurs at the time of the event
giving rise to the sexual offense alleged.
C. 1. If the defendant intends to offer evidence described in
subsection B of this section, the defendant shall file a written
motion to offer such evidence accompanied by an offer of proof not
later than fifteen (15) days before the date on which the trial in
which such evidence is to be offered is scheduled to begin, except
that the court may allow the motion to be made at a later date,
including during trial, if the court determines either that the
evidence is newly discovered and could not have been obtained
earlier through the exercise of due diligence or that the issue to
which such evidence relates has newly arisen in the case. Any
motion made under this paragraph shall be served on all other
parties by counsel for the defendant and on the alleged victim by
the district attorney.
2. If the court determines that the motion and offer of proof
described in paragraph 1 of this subsection contains evidence
described in subsection B of this section, the court may order an
in-camera hearing to determine whether the proffered evidence is
admissible under subsection B of this section.
A. In a criminal case in which a person is accused of a sexual
offense against another person, the following is not admissible:
1. Evidence of reputation or opinion regarding other sexual
behavior of a victim or the sexual offense alleged.
2. Evidence of specific instances of sexual behavior of an
alleged victim with persons other than the accused offered on the
issue of whether the alleged victim consented to the sexual behavior
with respect to the sexual offense alleged.
Oklahoma Statutes - Title 12. Civil Procedure Page 449
B. The provisions of subsection A of this section do not
require the exclusion of evidence of:
1. Specific instances of sexual behavior if offered for a
purpose other than the issue of consent, including proof of the
source of semen, pregnancy, disease or injury;
2. False allegations of sexual offenses; or
3. Similar sexual acts in the presence of the accused with
persons other than the accused which occurs at the time of the event
giving rise to the sexual offense alleged.
C. 1. If the defendant intends to offer evidence described in
subsection B of this section, the defendant shall file a written
motion to offer such evidence accompanied by an offer of proof not
later than fifteen (15) days before the date on which the trial in
which such evidence is to be offered is scheduled to begin, except
that the court may allow the motion to be made at a later date,
including during trial, if the court determines either that the
evidence is newly discovered and could not have been obtained
earlier through the exercise of due diligence or that the issue to
which such evidence relates has newly arisen in the case. Any
motion made under this paragraph shall be served on all other
parties by counsel for the defendant and on the alleged victim by
the district attorney.
2. If the court determines that the motion and offer of proof
described in paragraph 1 of this subsection contains evidence
described in subsection B of this section, the court may order an
in-camera hearing to determine whether the proffered evidence is
admissible under subsection B of this section.
Status: in_force · Read it on the official government site
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