Section 3-319 - Rape and sexual offense- Admissibility of evidence. - Maryland Statutes

§ 3-319. Rape and sexual offense -  Admissibility of evidence.
 

(a)  Reputation and opinion evidence inadmissible.- Evidence relating to a victim's reputation for chastity or abstinence and opinion evidence relating to a victim's chastity or abstinence may not be admitted in a prosecution for: 

(1) a crime specified under this subtitle or a lesser included crime; 

(2) the sexual abuse of a minor under § 3-602 of this title or a lesser included crime; or 

(3) the sexual abuse of a vulnerable adult under § 3-604 of this title or a lesser included crime. 

(b)  Specific instance evidence admissibility requirements.- Evidence of a specific instance of a victim's prior sexual conduct may be admitted in a prosecution described in subsection (a) of this section only if the judge finds that: 

(1) the evidence is relevant; 

(2) the evidence is material to a fact in issue in the case; 

(3) the inflammatory or prejudicial nature of the evidence does not outweigh its probative value; and 

(4) the evidence: 

(i) is of the victim's past sexual conduct with the defendant; 

(ii) is of a specific instance of sexual activity showing the source or origin of semen, pregnancy, disease, or trauma; 

(iii) supports a claim that the victim has an ulterior motive to accuse the defendant of the crime; or 

(iv) is offered for impeachment after the prosecutor has put the victim's prior sexual conduct in issue. 

(c)  Closed hearing.-  

(1) Evidence described in subsection (a) or (b) of this section may not be referred to in a statement to a jury or introduced in a trial unless the court has first held a closed hearing and determined that the evidence is admissible. 

(2) The court may reconsider a ruling excluding the evidence and hold an additional closed hearing if new information is discovered during the course of the trial that may make the evidence admissible. 
 

[An. Code 1957, art. 27, § 461A; 2002, ch. 26, § 2; ch. 266, § 1; ch. 278, § 1; 2003, ch. 89.]