Credibility of witnesses: sexual conduct: social media content.

Existing law sets forth the procedure required in any prosecution for rape or other specified offenses, with certain exceptions, if evidence of sexual conduct of the complaining witness, as defined, is offered to attack the credibility of the complaining witness. This procedure involves, among other things, the filing of a written motion by the defendant, accompanied by an affidavit filed under seal stating an offer of proof, and, if the court determines that the offer is sufficient, a hearing out of the presence of the jury regarding the offer of proof. At the conclusion of the hearing, the court may make an order stating what evidence may be introduced by the defendant. This bill would define "evidence of sexual conduct" for these purposes to include the portions of a social media account about the complaining witness that depict sexual content, as specified, unless the content is related to the alleged offense.