Does Maryland have a Rape Shield law?

Full question:

Does the state of Maryland have the Rape Shield law?

Category: Criminal
Date: 04/07/2025
State: Maryland

Answer:

Yes, Maryland has a Rape Shield law. According to Maryland statutes, specifically § 3-319 of the Criminal Law, certain evidence about a victim's sexual history is restricted in rape and sexual offense prosecutions.

(a) Reputation and opinion evidence is not admissible. This includes any evidence regarding the victim's reputation for chastity or abstinence.

(b) Specific instances of a victim's prior sexual conduct can only be admitted if:

The judge finds the evidence relevant.
The evidence is material to a fact in issue.
The prejudicial nature of the evidence does not outweigh its probative value.
The evidence falls into specific categories, such as:

Past sexual conduct with the defendant.
Evidence showing the source of semen, pregnancy, disease, or trauma.
Evidence that suggests the victim has a motive to accuse the defendant.
Evidence offered for impeachment after the victim's prior sexual conduct has been introduced.

(c) A closed hearing is required before any of this evidence can be presented in court. The court may also reconsider its ruling if new information arises during the trial that could affect the admissibility of the evidence.

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.

FAQs

Does Maryland have a self-defense law?

Yes, Maryland recognizes the right to self-defense. Under Maryland law, a person may use reasonable force to protect themselves from imminent harm. However, the use of deadly force is only justified if the person believes they are facing an immediate threat of death or serious injury. The law emphasizes that the response must be proportional to the threat faced. It is important to understand the specifics of self-defense laws, as they can vary based on circumstances and the situation at hand.

Does Maryland have a shield law?

Yes, Maryland has a shield law that protects journalists from being compelled to disclose their sources or unpublished information in most legal proceedings. This law is designed to safeguard the freedom of the press and encourage the flow of information. However, there are exceptions where disclosure may be required, such as in cases involving national security or when a journalist is a witness to a crime. Understanding the nuances of this law is essential for those in the media.

What is the shield law in Maryland?

The shield law in Maryland, formally known as the Maryland Reporter’s Privilege Act, allows journalists to protect the identities of their sources and the confidentiality of their unpublished materials. This law aims to promote freedom of expression and the press by preventing courts from forcing journalists to reveal their sources in most circumstances. However, there are specific exceptions where disclosure may be mandated, particularly in criminal cases or when public safety is at risk.