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(725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
Sec. 115-7. a. In prosecutions for 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 and aggravated battery, when the commission of the
offense involves sexual penetration or sexual conduct as defined in Section
11-0.1 of the Criminal Code of 2012; and with the trial or retrial of the
offenses formerly known as rape, deviate sexual assault, indecent liberties
with a child, and aggravated indecent liberties with a child, the prior
sexual activity or the reputation of the alleged victim or corroborating
witness under Section 115-7.3 of this Code is inadmissible except
(1) as evidence
concerning the past sexual conduct of the alleged victim or corroborating
witness under Section 115-7.3 of this Code with the accused
when
this evidence is offered by the accused upon the issue of whether the alleged
victim or corroborating witness under Section 115-7.3 of this Code
consented to the sexual conduct with respect to which the offense is
alleged; or (2) when constitutionally required to be admitted.
b. No evidence admissible under this Section shall be introduced unless
ruled admissible by the trial 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. Such 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 under Section 115-7.3 of
this Code and the defendant. Unless the court finds
that reasonably specific information as to date, time or place, or some
combination thereof, has been offered as to prior sexual activity with
the defendant, counsel for the defendant shall be ordered
to refrain from inquiring into prior sexual activity between the alleged
victim or corroborating witness under Section 115-7.3 of this Code and the
defendant.
The court shall not admit evidence under this Section unless it determines at
the hearing that the evidence is relevant and the probative value of the
evidence outweighs the danger of unfair prejudice. The evidence shall be
admissible at trial to the extent an order made by the court specifies the
evidence that may be admitted and areas with respect to which the alleged
victim or corroborating witness under Section 115-7.3 of this Code may be
examined or cross examined.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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