Does the state of Maryland have the Rape Shield law?
Full Question:
Does the state of Maryland have the Rape Shield law?
06/18/2007 |
Category: Criminal |
State: Maryland |
#6515
Answer:
The applicable Maryland statutes are as follows:
§ 3-319 CRIM. LAW Admissibility of certain evidence in prosecution
for rape, sexual offense.
(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.