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Michael J. Hutter Michael J. Hutter

New York’s “Rape Shield Law” is comprised of three statutes: CPL 60.42, enacted in 1975; CPL 60.43, enacted in 1980; and CPL 60.48, enacted in 1994. See Guide to New York Evidence Rule 4.20.[1] As to the scope of these statutes, CPL 60.42 precludes evidence of a complainant’s prior sexual conduct in a prosecution for a “sex offense” set forth in Article 130 of the Penal Law; CPL 60.43 extends the evidentiary shield provided in 60.42 to a prosecution for “any offense” set forth in the Penal Law; and CPL 60.48 prohibits evidences of the complainant’s manner of dress at the time of the commission of a charged sex offense as set forth in Article 130 of the Penal Law.

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