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Delaware Laws | Title 11 Crimes and Criminal Procedure
CHAPTER 33. TRIAL JURORS
Sec. 3301. Examination upon voir dire in capital cases.

(b) No statement or other evidence obtained from any person who shall have been compelled to make such statement or produce such evidence by any court of competent jurisdiction of the United States or of any other state pursuant to a claim of privilege and court order under a statute substantially equivalent to subsection (a) of this section shall be admissible in evidence in any criminal prosecution in this State against such person arising out of the same transaction or occurrence. (8664)

(11 Del. C. 1953, Sec. 3508; 56 Del. Laws, c. 151; 70 Del. Laws, c. 186, Sec. 1.) (8665)

Sec. 3507. Use of prior statements as affirmative evidence. (8666)(Text)

(a) In a criminal prosecution, the voluntary out-of-court prior statement of a witness who is present and subject to cross-examination may be used as affirmative evidence with substantive independent testimonial value. (8667)

(b) The rule in subsection (a) of this section shall apply regardless of whether the witness' in-court testimony is consistent with the prior statement or not. The rule shall likewise apply with or without a showing of surprise by the introducing party. (8668)

(c) This section shall not be construed to affect the rules concerning the admission of statements of defendants or of those who are codefendants in the same trial. This section shall also not apply to the statements of those whom to cross-examine would be to subject to possible self-incrimination. (8669)

(11 Del. C. 1953, Sec. 3509; 57 Del. Laws, c. 525.) (8670)

Sec. 3508. Rape -- Sufficiency of evidence; proceedings in camera. (8671)(Text)

(a) In any prosecution for the crime of any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact; an attempt to commit any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, if such attempt conforms to Sec. 531 of this title; solicitation for the crime of any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, if such offense conforms to Sec. 502 of this title; or conspiracy to commit any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, if such offense conforms to Sec. 512 of this title, if evidence of the sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness the following procedure shall be followed: (8672)

(1) The defendant shall make a written motion to the court and prosecutor stating that the defense has an offer of proof concerning the relevancy of evidence of the sexual conduct of the complaining witness which the defendant proposes to present, and the relevancy of such evidence in attacking the credibility of the complaining witness. (8673)

(2) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated. (8674)

(3) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at such hearing allow the questioning of the complaining witness regarding the offer of proof made by the defendant. (8675)

(4) At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the sexual conduct of the complaining witness is relevant, and is not inadmissible, the court may issue an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court. (8676)

(b) As used in this section, "complaining witness" shall mean the alleged victim of any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any degree of attempted rape, attempted unlawful sexual intercourse, attempted unlawful sexual penetration or attempted unlawful sexual contact, conspiracy or assault. (8677)

(60 Del. Laws, c. 257, Sec. 1; 66 Del. Laws, c. 269, Sec.Sec. 3-5; 70 Del. Laws, c. 186, Sec. 1; 71 Del. Laws, c. 285, Sec. 2.) (8678)

Sec. 3509. Rape -- Admissibility of certain evidence. (8679)(Text)

(a) Notwithstanding any other provision of this Code to the contrary, and except as provided in this section, in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any opinion evidence, reputation evidence and evidence of specific instances of the complaining witness' sexual conduct, or any of such evidence, is not admissible by the defendant in order to prove consent by the complaining witness. (8680)

(b) This section, however, shall not be applicable to evidence of the complaining witness' sexual conduct with the defendant. (8681)

(c) If the prosecutor introduces evidence, including testimony of a witness, or the complaining witness as a witness gives testimony, and such evidence or testimony relates to the complaining witness' sexual conduct, the defendant may cross-examine the witness who gives such testimony and offer relevant evidence limited specifically to the rebuttal of such evidence introduced by the prosecutor or given by the complaining witness. (8682)

(d) Nothing in this section shall be construed to make inadmissible any evidence offered to attack the credibility of the complaining witness as provided in Sec. 3508 of this title. (8683)

(e) As used in this section, "complaining witness" shall mean the alleged victim of the crime charged, the prosecution of which is subject to this section. (8684)

(60 Del. Laws, c. 257, Sec. 1; 66 Del. Laws, c. 269, Sec. 6; 71 Del. Laws, c. 285, Sec. 2.) (8685)

Sec. 3510. Admissibility of certificate of title in criminal proceedings involving motor vehicles. (8686)(Text)

In any criminal proceeding in which ownership, possession or use of a motor vehicle is an issue, a certified copy of the certificate of title on file with the Division of Motor Vehicles shall be admissible as proof of ownership of the motor vehicle. (8687)

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