sexual behavior of the victim proposed to be presented and its relevancy on the issue of
the consent of the victim.
(2) The written motion shall be accompanied by an affidavit or affidavits in which the offer
of proof shall be stated.
(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 the hearing shall be closed except to the
necessary witnesses, the defendant, counsel, and those who have direct interest in the
case or in the work of the Court,
(4) At the conclusion of the hearing, if the Court finds that the evidence proposed to be
offered by the defendant regarding the past sexual behavior of the victim is relevant to
the issue of the victim’s consent; that the probative value of the evidence is not
substantially outweighed by the danger of unfair prejudice; and that its exclusion would
result in denial of substantial justice to the defendant, the Court shall make an order
stating what evidence may be introduced by the defendant, which order may include the
nature of the questions to be permitted. The defendant may then offer evidence
pursuant to the order of the Court.
(d) Nothing in this section shall be construed to prohibit cross-examination of the victim on the issue
of past sexual behavior when the prosecution presents evidence in its case in chief tending to
prove the nature of the victim’s past sexual behavior, but the Court may require a hearing
pursuant to subsection (c) of this section concerning such evidence.
8-4.03 Evidence of Child
(a) With the legislative purpose in mind to find the truth while allowing a child protection from
trauma to the extent that is constitutionally permitted, the Spokane Tribe of Indians Tribal Court
may [issue] rules of procedure regarding the admissibility of evidence
(b) A statement made by a child when under the age of 10 describing any act of sexual contact
performed with or on the child by another, not otherwise admissible by statute or court rule, is
admissible in evidence in dependency proceedings and criminal proceedings, including juvenile
offense adjudications, in the courts of the Spokane Nation when:
(1) the Court finds, in a hearing conducted outside the presence of the jury, that the time,
content, and circumstances of the statement provide sufficient indicia of reliability; and
(2) the child either:
A) testifies at the proceedings; or
B) is unavailable as a witness; provided, that when the child is unavailable as a
witness, such statement may be admitted only if these is corroborative
evidence of the act.
(c) A statement may not be admitted under (b) of this section unless the proponent of the
statement makes known to the adverse party his intention to offer the statement and particulars
of the statement sufficiently in advance of the proceedings to provide the adverse party with a
fair opportunity to prepare to meet the statement.
8-4.04 Defenses to Prosecution Under this Chapter
(a) In any prosecution under this chapter in which lack of consent is based solely upon the victim's
mental incapacity or upon the victim's being physically helpless, it is a defense, which the
defendant must prove by a preponderance of the evidence that at the time of the offense the
defendant reasonably believed that the victim was not mentally incapacitated and/or physically
helpless.
(b) In any prosecution under this chapter in which the offense or degree of the offense depends on
the victim's age, it is no defense that the perpetrator did not know the victim's age, or that the
perpetrator believed the victim to be older, as the case may be: PROVIDED, That it is a defense
which the defendant must prove by a preponderance of the evidence that at the time of the
offense the defendant reasonably believed the alleged victim to be the age identified in
subsection (c) of this section based upon declarations as to age by the alleged victim.
(c) The defense afforded by subsection (b) of this section requires that for the following defendants,
the reasonable belief be as indicated:
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Revised Spokane Law & Order Code, 5/14/2013