Full question:
Does the state of Maryland have the Rape Shield law?
- Category: Criminal
- Date:
- State: Maryland
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.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
