A prior complaint may be relevant if there is a concrete basis to show it was false and it bears on the witness’s credibility. Its existence, dismissal, or a decision not to file charges does not by itself prove falsity, and a judge may exclude evidence that would create a weak or distracting side trial.

First distinguish a false statement from prior sexual conduct

A claim that an earlier accusation was false asks whether a prior factual assertion was untrue. That is different from offering evidence of a witness’s prior sexual conduct to argue consent or sexual predisposition. In People v. Tidwell, the court held that Evidence Code section 782’s sealed procedure did not govern a pure false-complaint offer because the proposed inference concerned a false statement, not sexual conduct. If the evidence also reveals actual prior sexual conduct, that part may trigger separate restrictions, including Evidence Code section 1103(c).

A foundation and a focused offer still matter

Under Evidence Code section 780, a fact tending to prove or disprove truthfulness may be considered in assessing credibility. The proponent should identify the prior report, what specific factual assertion was false, and admissible evidence supporting that conclusion—such as a material contradiction or reliable record. A recantation, inconsistency, arrest without charges, or case dismissal alone may not establish that the report was knowingly false.

The court also applies section 352: it may exclude evidence when its probative value is substantially outweighed by undue consumption of time, substantial danger of undue prejudice, confusion, or misleading the jury. Tidwell affirmed exclusion on the record before it because the falsity showing was weak and the proposed inquiry would take undue time. The decision does not guarantee admission in another case.

Counsel should make a narrow offer identifying the exact prior statement, the proof of falsity, how it bears on credibility, and a way to avoid collateral disputes. Do not contact a witness or seek records in a way that could violate an order or interfere with the case. For broader practice information, see the firm’s California sex-crimes defense page. The Law Offices of David S. Chesley handles California sex-offense defense. Call (800) 755-5174 to discuss what the record actually shows.