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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 45. Trial, Evidence, Compromise
- Section 45. Evidence of Past Sexual Conduct in Trials of Certain Sexual Offenses.
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. Testimony of Children in Criminal Proceedings.
AS 12.45.045. Evidence of Past Sexual Conduct in Trials of Certain Sexual Offenses.
- (a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse of a minor in any degree, or unlawful
exploitation of a minor, or an attempt to commit any of these crimes, evidence of the complaining witness' previous
sexual conduct may not be admitted nor may reference be made to it in the presence of the jury except as provided in
this section. When the defendant seeks to admit the evidence for any purpose, the defendant shall apply for an order of
the court at any time before or during the trial or preliminary hearing. After the application is made, the court shall
conduct a hearing in camera to determine the admissibility of the evidence. If the court finds that evidence offered
by the defendant regarding the sexual conduct of the complaining witness is relevant, and that the probative value of
the evidence offered is not outweighed by the probability that its admission will create undue prejudice, confusion of
the issues, or unwarranted invasion of the privacy of the complaining witness, the court shall make an order stating
what evidence may be introduced and the nature of the questions that may be permitted. The defendant may then offer
evidence under the order of the court.
- (b) In the absence of a persuasive showing to the contrary, evidence of the complaining witness' sexual conduct occurring
more than one year before the date of the offense charged is presumed to be inadmissible under this section.
- (c) In this section "complaining witness" means the alleged victim of the crime charged, the prosecution of which is
subject to this section.
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