§ 3-319
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§3–319.
(a)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)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.
(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.