State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_45

§ 90‑21.45. Admissibility of evidence of sexual history.

(a)        At the trial of an action under this Article, evidence ofthe client's sexual history is not admissible unless:

(1)        The psychotherapist requests a hearing prior to trial andmakes an offer of proof of the relevancy of the sexual history; and

(2)        The court finds that, in the interest of justice, theevidence is relevant and that the probative value of the evidence substantiallyoutweighs its prejudicial effect.

(b)        The court shall allow the admission only of specificinformation or examples of instances of the client's conduct that aredetermined by the court to be relevant. The court's order shall detail theconduct that is admissible, and no other such evidence may be introduced.

(c)        Sexual history otherwise admissible pursuant to this sectionmay not be proved by reputation or opinion. (1998‑213, s. 1.)