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PEOPLE v. FONTANA

No. S170528.

49 Cal.4th 351 (2010)

111 Cal. Rptr. 3d 1

232 P.3d 1187

THE PEOPLE, Plaintiff and Respondent, v. DANNY ALFRED FONTANA, Defendant and Appellant.

Supreme Court of California.

June 21, 2010.

Attorney(s) appearing for the Case

Alan A. Dressler for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Rene A. Chacon, Laurence K. Sullivan and Jeremy Friedlander, Deputy Attorneys General, for Plaintiff and Respondent.

K&L Gates, Jeffrey L. Bornstein, Holly Hogan, Alice Y. Ahn and Megan F. Cesare-Eastman for Bay Area Women Against Rape, San Francisco Women Against Rape, Community Violence Solutions, Cooperative Restraining Order Clinic and National Crime Victim Law Institute as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

BAXTER, J.—

Under California's rape shield law, specific instances of a complaining witness's sexual conduct are not admissible to prove consent by the complaining witness in a prosecution for specified sex offenses. (Evid. Code, § 1103, subd. (c)(1).) Such evidence may be admissible, though, when offered to attack the credibility of the complaining witness, provided that its probative value outweighs the danger of undue...

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