Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE
Section 400.695 - Admissibility of Prior Sexual Activity and Offenses
Universal Citation: 95 IL Admin Code ยง 400.695
Current through Register Vol. 48, No. 12, March 22, 2024
a) Admissibility
1) When an accused is charged with
predatory criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated criminal sexual abuse,
criminal sexual abuse, or criminal transmission of HIV, and in prosecutions for
battery/aggravated battery that involve sexual penetration or
sexual conduct, evidence of the prior sexual activity or the
reputation of the alleged victim or corroborating witness is inadmissible
except:
A)
as evidence
concerning the past sexual conduct of the alleged victim or corroborating
witness under Section 115-7.3 of the Code of Criminal
Procedure with the accused when the evidence is
offered by the accused upon the issue of whether the alleged victim or
corroborating witness consented to the sexual conduct with respect to which the
offense is alleged; or
B)
when constitutionally required to be admitted.
2)
No evidence admissible
under this Section shall be introduced unless ruled admissible by the
military judge after an offer of proof has been made at a hearing to be
held in camera in order to determine whether the defense has evidence to
impeach the witness in the event that prior sexual activity with the defendant
is denied. The offer of proof shall include reasonably specific information as
to the date, time and place of the past sexual conduct between the alleged
victim or corroborating witness and the accused.
3)
Unless the military judge
finds that reasonably specific information as to the
date, time or place, or some combination thereof, has been offered as
to prior sexual activity with the accused, counsel for
the accused shall be ordered to refrain from inquiring into
prior sexual activity between the alleged victim or corroborating witness and
the accused.
4)
The military judge
shall not admit evidence under this Section
unless he or she determines at the hearing that the
evidence is relevant and the probative value of the evidence outweighs the
danger of unfair prejudice.
5)
The evidence shall be admissible
at trial to the extent an order made by the military judge
specifies the evidence that may be admitted and the areas with respect
to which the alleged victim or corroborating witness may be examined or
cross-examined. [
725 ILCS 5/115-7 ]
6) The military judge may not order
mental examination of a sex victim. Except when explicitly authorized
by the Code of Criminal Procedure or by the Rules of the
Supreme Court of Illinois, no military judge may require or
order a witness who is the victim of an alleged sex offense to submit to or
undergo either a psychiatric or psychological examination. [
725 ILCS 5/115-7.1]
7) Pursuant to Section 115-7.2 of the Code of
Criminal Procedure, in a prosecution for an illegal sexual act
perpetrated upon a victim, testimony by an expert, qualified by the
military judge relating to any recognized and accepted form of
post-traumatic stress syndrome shall be admissible as evidence. [
725 ILCS 5/115-7.2] (Il. Mil.
R. Evid. 412)
b) Similar Offenses
1) Evidence in Certain Cases. In a
court-martial for an offense set forth in Section 115-7.3 of the Code of
Criminal Procedure, or that of an identical or closely related offense under
the law of the state where the offense occurred, evidence of the defendant's
commission of another offense or offenses set forth in Section 115-7.3 is
admissible, as provided in Section 115-7.3.
2) Evidence in Domestic Violence Cases. In a
court-martial for an offense related to domestic violence as set forth in
Section 115-7.4 of the Code of Criminal Procedure, to include that of a related
offense under the law of the state where the offense occurred, evidence of the
defendant's commission of another offense or offenses of domestic violence is
admissible, as provided in Section 115-7.4.
3) Evidence of Prior Convictions. In a
criminal case for the type of offenses set forth in Section 115-20 of the Code
of Criminal Procedure, evidence of the defendant's conviction for an offense
set forth in that Section is admissible when the victim is the same person who
was the victim of the previous offense that resulted in the conviction of the
defendant, as provided in Section 115-20.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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