California Evidence Code Section 1103
Under Evidence Code section 1103, subdivision (c)(1), a defendant charged with a sex offense cannot introduce opinion evidence, reputation evidence or specific instances of the complaining witness's sexual conduct with persons other than the defendant "in order to prove consent by the complaining witness."
"In adopting this section the Legislature recognized that evidence of the alleged victim's consensual sexual activities with others has little relevance to whether consent was given in a particular instance." (People v. Chandler (1997) 56 Cal.App.4th 703 at p. 707.)
Evidence Code section 1103, subdivision (c)(5) specifically states that the rule barring evidence of the victim's sexual conduct with others to prove consent shall not be construed to make inadmissible "any evidence offered to attack the credibility of the complaining witness as provided in Section 782." Evidence Code section 782 establishes a procedure for in camera review and allows the defendant to offer evidence of the victim's sexual conduct to attack his or her credibility when that evidence is relevant to the victim's credibility under Evidence Code section 780 and its admission does not contravene the policies of Evidence Code section 352. (See Chandler, supra, 56 Cal.App.4th at pp. 707-708.)