In any prosecution for criminal sexual penetration or criminal sexual contact of a minor, if the alleged victim is under thirteen years of age, the court may hold an evidentiary hearing to determine whether to order a psychological evaluation of the alleged victim on the issue of competency as a witness. If the court determines that the issue of competency is in sufficient doubt that the court requires expert assistance, then the court may order a psychological evaluation of the alleged victim, provided however, that if a psychological evaluation is ordered it shall be conducted by only one psychologist or psychiatrist selected by the court who may be utilized by either or both parties; further provided that if the alleged victim has been evaluated on the issue of competency during the course of investigation by a psychologist or psychiatrist selected in whole or in part by law enforcement officials, the psychological evaluation, if any, shall be conducted by a psychologist or psychiatrist selected by the court upon the recommendation of the defense.

History: Laws 1987, ch. 118, § 1.

Victim's past allegations against a third party. — Where the trial court excluded evidence of the victim's past allegations against a third party which related to the victim's reputation for past sexual conduct, the victim made the allegations against the third party in the past; the circumstances of the prior incident in no way resembled the allegations that led to the charges against the defendant; the defendant did not show that the circumstances of the prior allegations were clearly relevant to any material issue in the defendant's case other than propensity; and the defendant did not show how the prior allegations related to the defendant's defense, the trial court properly excluded the evidence. State v. Casillas, 2009-NMCA-034, 145 N.M. 783, 205 P.3d 830, cert. denied, 2009-NMCERT-003, 146 N.M. 603, 213 P.3d 507.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Witnesses: child competency statutes, 60 A.L.R.4th 369.