Wisconsin Statutes 901.08 – Admissibility of sexual conduct
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 901.08
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) In this section:
(a) “Sexual conduct” means any conduct or behavior relating to sexual activities, including prior experience of sexual intercourse or sexual contact, use of contraceptives, and sexual life-style.
(b) “Sexual misconduct” includes a violation of s. 940.22 (2), 940.225 (1), (2), or (3), 940.32, 942.08, 942.09, 948.02, 948.025, 948.05 (1) or (1m), 948.055 (1), 948.06, 948.07, 948.075, 948.08, 948.081, 948.09, 948.095, 948.10, or 948.11 (2) and includes sexual harassment, as defined in s. 111.32 (13).
(c) “Victim” means a person against whom sexual misconduct allegedly has been committed.
(2) In a civil action involving damages for an injury resulting from sexual misconduct, any evidence concerning a victim’s sexual conduct, opinions of the victim’s sexual conduct, and reputation as to the victim’s sexual conduct, offered to prove that the victim engaged in other sexual conduct or to prove the victim’s sexual predisposition may not be admitted into evidence during the course of any hearing or trial, nor may any reference to such sexual conduct be made in the presence of the jury, except the following:
(a) Evidence of the specific, consensual sexual conduct between the alleged offender and the victim.
(b) Evidence of specific instances of sexual conduct by the alleged victim after an in camera showing by the party requesting the admission that the sexual conduct was the actual cause of the victim’s injury for which damages are requested in the action.