§ 6-66. Admissibility of evidence of prior sexual conduct

A. Opinion and reputation evidence of the victims prior sexual conduct shall not be admitted in a prosecution under this Code. Evidence of specific instances of the victims history or sexual activity shall be admissible in a prosecution under this Code only to the extent that a judge finds the evidence is relevant and material to a fact in issue in the case and that the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence and only if the evidence is one (1) of the following:

1. Evidence establishing the victims past sexual behavior with the defendant or

2. Evidence which supports a claim showing source or origin of semen, pregnancy, disease or trauma, or refute or directly refutes physical or scientific evidence or, supports a claim that the victim has a motive in accusing the defendant of the crime, or for impeachment when the prosecutor puts the victims prior sexual conduct in issue or claims of prior false sexual misconduct made by victims against others and

3. Evidence shall not be referred to in any statements to a jury or introduced at trial without a court order after a hearing on written motions is held to determine the admissibility of the evidence. If new information is discovered during the course of the trial that may make the evidence described in subsection A. admissible, the court may hold a hearing to determine the admissibility of the evidence. The standard for admissibility of evidence under subsection A is by clear and convincing evidence.

(Ft. McD. Res. No. 2011-17, ex. A(§ 6-66), 4-19-2011)