§ 90-21.45. Admissibility of evidence of sexual history.
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§ 90-21.45. Admissibility of evidence of sexual history.
(a)At the trial of an action under this Article, evidence of the client's sexual history is not admissible unless:
(1)The psychotherapist requests a hearing prior to trial and makes an offer of proof of the relevancy of the sexual history; and
(2)The court finds that, in the interest of justice, the evidence is relevant and that the probative value of the evidence substantially outweighs its prejudicial effect.
(b)The court shall allow the admission only of specific information or examples of instances of the client's conduct that are determined by the court to be relevant. The court's order shall detail the conduct that is admissible, and no other such evidence may be introduced.
(c)Sexual history otherwise admissible pursuant to this section may not be proved by reputation or opinion. (1998-213, s. 1.)