{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-67.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-67.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-67.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-67.7.html"}],"law_id":78575,"edition_id":1,"section_id":78575,"structure_id":13101,"section_number":"18.2-67.7","catch_line":"Admission of evidence (Supreme Court Rule 2:412 derived from this section)","history":"1981, c. 397; 2007, c. 890; 2011, c. 785.","full_text":"A\n\nIn prosecutions under this article, or under clause (iii) or (iv) of \u00a7 18.2-48, 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion evidence of the complaining witness’s unchaste character or prior sexual conduct shall not be admitted. Unless the complaining witness voluntarily agrees otherwise, evidence of specific instances of his or her prior sexual conduct shall be admitted only if it is relevant and is:1\n\nEvidence offered to provide an alternative explanation for physical evidence of the offense charged which is introduced by the prosecution, limited to evidence designed to explain the presence of semen, pregnancy, disease, or physical injury to the complaining witness’s intimate parts; or2\n\nEvidence of sexual conduct between the complaining witness and the accused offered to support a contention that the alleged offense was not accomplished by force, threat or intimidation or through the use of the complaining witness’s mental incapacity or physical helplessness, provided that the sexual conduct occurred within a period of time reasonably proximate to the offense charged under the circumstances of this case; or3\n\nEvidence offered to rebut evidence of the complaining witness’s prior sexual conduct introduced by the prosecution.B\n\nNothing contained in this section shall prohibit the accused from presenting evidence relevant to show that the complaining witness had a motive to fabricate the charge against the accused. If such evidence relates to the past sexual conduct of the complaining witness with a person other than the accused, it shall not be admitted and may not be referred to at any preliminary hearing or trial unless the party offering same files a written notice generally describing the evidence prior to the introduction of any evidence, or the opening statement of either counsel, whichever first occurs, at the preliminary hearing or trial at which the admission of the evidence may be sought.C\n\nEvidence described in subsections A and B of this section shall not be admitted and may not be referred to at any preliminary hearing or trial until the court first determines the admissibility of that evidence at an evidentiary hearing to be held before the evidence is introduced at such preliminary hearing or trial. The court shall exclude from the evidentiary hearing all persons except the accused, the complaining witness, other necessary witnesses, and required court personnel. If the court determines that the evidence meets the requirements of subsections A and B of this section, it shall be admissible before the judge or jury trying the case in the ordinary course of the preliminary hearing or trial. If the court initially determines that the evidence is inadmissible, but new information is discovered during the course of the preliminary hearing or trial which may make such evidence admissible, the court shall determine in an evidentiary hearing whether such evidence is admissible.","order_by":null,"text":{"0":{"id":281591,"text":"In prosecutions under this article, or under clause (iii) or (iv) of \u00a7 18.2-48, 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion evidence of the complaining witness’s unchaste character or prior sexual conduct shall not be admitted. Unless the complaining witness voluntarily agrees otherwise, evidence of specific instances of his or her prior sexual conduct shall be admitted only if it is relevant and is:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":281592,"text":"Evidence offered to provide an alternative explanation for physical evidence of the offense charged which is introduced by the prosecution, limited to evidence designed to explain the presence of semen, pregnancy, disease, or physical injury to the complaining witness’s intimate parts; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":281593,"text":"Evidence of sexual conduct between the complaining witness and the accused offered to support a contention that the alleged offense was not accomplished by force, threat or intimidation or through the use of the complaining witness’s mental incapacity or physical helplessness, provided that the sexual conduct occurred within a period of time reasonably proximate to the offense charged under the circumstances of this case; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":281594,"text":"Evidence offered to rebut evidence of the complaining witness’s prior sexual conduct introduced by the prosecution.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":281595,"text":"Nothing contained in this section shall prohibit the accused from presenting evidence relevant to show that the complaining witness had a motive to fabricate the charge against the accused. If such evidence relates to the past sexual conduct of the complaining witness with a person other than the accused, it shall not be admitted and may not be referred to at any preliminary hearing or trial unless the party offering same files a written notice generally describing the evidence prior to the introduction of any evidence, or the opening statement of either counsel, whichever first occurs, at the preliminary hearing or trial at which the admission of the evidence may be sought.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":281596,"text":"Evidence described in subsections A and B of this section shall not be admitted and may not be referred to at any preliminary hearing or trial until the court first determines the admissibility of that evidence at an evidentiary hearing to be held before the evidence is introduced at such preliminary hearing or trial. The court shall exclude from the evidentiary hearing all persons except the accused, the complaining witness, other necessary witnesses, and required court personnel. If the court determines that the evidence meets the requirements of subsections A and B of this section, it shall be admissible before the judge or jury trying the case in the ordinary course of the preliminary hearing or trial. If the court initially determines that the evidence is inadmissible, but new information is discovered during the course of the preliminary hearing or trial which may make such evidence admissible, the court shall determine in an evidentiary hearing whether such evidence is admissible.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13101,"edition_id":1,"name":"Criminal Sexual Assault","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":165125,"object_type":"structure","relational_id":13101,"identifier":"7","token":"18.2\/4\/7","url":"\/18.2\/4\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75662,"structure_id":13101,"section_number":"18.2-61","catch_line":"Rape","url":"\/18.2-61\/","token":"18.2\/4\/7\/18.2-61","metadata":false},{"id":78807,"structure_id":13101,"section_number":"18.2-61.1","catch_line":"Testing of certain persons for sexually transmitted infections","url":"\/18.2-61.1\/","token":"18.2\/4\/7\/18.2-61.1","metadata":false},{"id":67245,"structure_id":13101,"section_number":"18.2-62","catch_line":"Repealed","url":"\/18.2-62\/","token":"18.2\/4\/7\/18.2-62","metadata":false},{"id":76651,"structure_id":13101,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","url":"\/18.2-63\/","token":"18.2\/4\/7\/18.2-63","metadata":false},{"id":54142,"structure_id":13101,"section_number":"18.2-63.1","catch_line":"Death of victim","url":"\/18.2-63.1\/","token":"18.2\/4\/7\/18.2-63.1","metadata":false},{"id":61006,"structure_id":13101,"section_number":"18.2-64","catch_line":"Repealed","url":"\/18.2-64\/","token":"18.2\/4\/7\/18.2-64","metadata":false},{"id":67558,"structure_id":13101,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","url":"\/18.2-64.1\/","token":"18.2\/4\/7\/18.2-64.1","metadata":false},{"id":77968,"structure_id":13101,"section_number":"18.2-64.2","catch_line":"Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, pretrial defendant or posttrial offender, or confidential informant; penalty","url":"\/18.2-64.2\/","token":"18.2\/4\/7\/18.2-64.2","metadata":false},{"id":75020,"structure_id":13101,"section_number":"18.2-65","catch_line":"Repealed","url":"\/18.2-65\/","token":"18.2\/4\/7\/18.2-65","metadata":false},{"id":86699,"structure_id":13101,"section_number":"18.2-66","catch_line":"Repealed","url":"\/18.2-66\/","token":"18.2\/4\/7\/18.2-66","metadata":false},{"id":76985,"structure_id":13101,"section_number":"18.2-67","catch_line":"Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sexual assault","url":"\/18.2-67\/","token":"18.2\/4\/7\/18.2-67","metadata":false},{"id":61201,"structure_id":13101,"section_number":"18.2-67.01","catch_line":"Not in effect","url":"\/18.2-67.01\/","token":"18.2\/4\/7\/18.2-67.01","metadata":false},{"id":73623,"structure_id":13101,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","url":"\/18.2-67.1\/","token":"18.2\/4\/7\/18.2-67.1","metadata":false},{"id":77985,"structure_id":13101,"section_number":"18.2-67.10","catch_line":"General definitions","url":"\/18.2-67.10\/","token":"18.2\/4\/7\/18.2-67.10","metadata":false},{"id":73072,"structure_id":13101,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","url":"\/18.2-67.2\/","token":"18.2\/4\/7\/18.2-67.2","metadata":false},{"id":83215,"structure_id":13101,"section_number":"18.2-67.2:1","catch_line":"Repealed","url":"\/18.2-67.2_1\/","token":"18.2\/4\/7\/18.2-67.2_1","metadata":false},{"id":85126,"structure_id":13101,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","url":"\/18.2-67.3\/","token":"18.2\/4\/7\/18.2-67.3","metadata":false},{"id":67699,"structure_id":13101,"section_number":"18.2-67.4","catch_line":"Sexual battery","url":"\/18.2-67.4\/","token":"18.2\/4\/7\/18.2-67.4","metadata":false},{"id":64369,"structure_id":13101,"section_number":"18.2-67.4:1","catch_line":"Infected sexual battery; penalty","url":"\/18.2-67.4_1\/","token":"18.2\/4\/7\/18.2-67.4_1","metadata":false},{"id":70257,"structure_id":13101,"section_number":"18.2-67.4:2","catch_line":"Sexual abuse of a child under 15 years of age; penalty","url":"\/18.2-67.4_2\/","token":"18.2\/4\/7\/18.2-67.4_2","metadata":false},{"id":57731,"structure_id":13101,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","url":"\/18.2-67.5\/","token":"18.2\/4\/7\/18.2-67.5","metadata":false},{"id":73718,"structure_id":13101,"section_number":"18.2-67.5:1","catch_line":"Punishment upon conviction of third misdemeanor offense","url":"\/18.2-67.5_1\/","token":"18.2\/4\/7\/18.2-67.5_1","metadata":false},{"id":54441,"structure_id":13101,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","url":"\/18.2-67.5_2\/","token":"18.2\/4\/7\/18.2-67.5_2","metadata":false},{"id":68571,"structure_id":13101,"section_number":"18.2-67.5:3","catch_line":"Punishment upon conviction of certain subsequent violent felony sexual assault","url":"\/18.2-67.5_3\/","token":"18.2\/4\/7\/18.2-67.5_3","metadata":false},{"id":86022,"structure_id":13101,"section_number":"18.2-67.6","catch_line":"Proof of physical resistance not required","url":"\/18.2-67.6\/","token":"18.2\/4\/7\/18.2-67.6","metadata":false},{"id":78575,"structure_id":13101,"section_number":"18.2-67.7","catch_line":"Admission of evidence (Supreme Court Rule 2:412 derived from this section)","url":"\/18.2-67.7\/","token":"18.2\/4\/7\/18.2-67.7","metadata":false},{"id":71168,"structure_id":13101,"section_number":"18.2-67.7:1","catch_line":"Evidence of similar crimes in child sexual offense cases (Supreme Court Rule 2:413 derived from this section)","url":"\/18.2-67.7_1\/","token":"18.2\/4\/7\/18.2-67.7_1","metadata":false},{"id":71989,"structure_id":13101,"section_number":"18.2-67.8","catch_line":"Closed preliminary hearings","url":"\/18.2-67.8\/","token":"18.2\/4\/7\/18.2-67.8","metadata":false},{"id":83206,"structure_id":13101,"section_number":"18.2-67.9","catch_line":"Testimony by child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology","url":"\/18.2-67.9\/","token":"18.2\/4\/7\/18.2-67.9","metadata":false},{"id":57944,"structure_id":13101,"section_number":"18.2-67.9:1","catch_line":"Use of a certified facility dog for testimony in a criminal proceeding","url":"\/18.2-67.9_1\/","token":"18.2\/4\/7\/18.2-67.9_1","metadata":false}],"previous_section":{"id":86022,"structure_id":13101,"section_number":"18.2-67.6","catch_line":"Proof of physical resistance not required","url":"\/18.2-67.6\/","token":"18.2\/4\/7\/18.2-67.6","metadata":false},"next_section":{"id":71168,"structure_id":13101,"section_number":"18.2-67.7:1","catch_line":"Evidence of similar crimes in child sexual offense cases (Supreme Court Rule 2:413 derived from this section)","url":"\/18.2-67.7_1\/","token":"18.2\/4\/7\/18.2-67.7_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-67.7\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 397 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapter 890<\/a>; in 2011, chapter 785<\/a>.<\/p>","references":false,"refers_to":[{"id":60265,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"id":62948,"section_number":"18.2-370.01","catch_line":"Indecent liberties by children; penalty","order_by":null,"url":"\/18.2-370.01\/"},{"id":80307,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","order_by":null,"url":"\/18.2-370.1\/"},{"id":59389,"section_number":"18.2-48","catch_line":"Abduction with intent to extort money or for immoral purpose","order_by":null,"url":"\/18.2-48\/"}],"permalink":{"id":165227,"object_type":"law","relational_id":78575,"identifier":"18.2-67.7","token":"18.2\/4\/7\/18.2-67.7","url":"\/18.2-67.7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-67.7\/","token":"18.2\/4\/7\/18.2-67.7","dublin_core":{"Title":"Admission of evidence (Supreme Court Rule 2:412 derived from this section)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-67.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In prosecutions<\/span> under this article, or under clause (iii) or (iv) of \u00a7 18.2-48<\/a>, 18.2-370<\/a>, 18.2-370.01<\/a>, or 18.2-370.1<\/a>, general reputation or opinion<\/span> evidence<\/span> of the complaining witness<\/span>’s unchaste character or prior sexual conduct<\/span> shall not be admitted. Unless the complaining witness<\/span> voluntarily agrees otherwise, evidence<\/span> of specific instances of his or her prior sexual conduct<\/span> shall be admitted only if it is relevant and is: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Evidence<\/span> offered to provide an alternative explanation for physical evidence<\/span> of the offense<\/span> charged which is introduced by the prosecution<\/span>, limited to evidence<\/span> designed to explain the presence of semen, pregnancy, disease, or physical injury to the complaining witness<\/span>’s intimate parts<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Evidence<\/span> of sexual conduct between the complaining witness<\/span> and the accused<\/span> offered to support a contention that the alleged offense<\/span> was not accomplished by force, threat or intimidation or through the use of the complaining witness<\/span>’s mental incapacity<\/span> or physical helplessness<\/span>, provided that the sexual conduct occurred within a period of time reasonably proximate to the offense<\/span> charged under the circumstances of this case; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Evidence<\/span> offered to rebut evidence<\/span> of the complaining witness<\/span>’s prior sexual conduct<\/span> introduced by the prosecution<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing contained in this section shall prohibit the accused<\/span> from presenting evidence<\/span> relevant to show that the complaining witness<\/span> had a motive to fabricate the charge against the accused<\/span>. If such evidence<\/span> relates to the past sexual conduct of the complaining witness<\/span> with a person other than the accused<\/span>, it shall not be admitted and may not be referred to at any preliminary hearing<\/span> or trial<\/span> unless the party<\/span> offering same files a written notice generally describing the evidence<\/span> prior to the introduction of any evidence<\/span>, or the opening statement<\/span> of either counsel<\/span>, whichever first occurs, at the preliminary hearing<\/span> or trial<\/span> at which the admission of the evidence<\/span> may be sought. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Evidence<\/span> described in subsections A and B of this section shall not be admitted and may not be referred to at any preliminary hearing<\/span> or trial<\/span> until the court<\/span> first determines the admissibility of that evidence<\/span> at an evidentiary hearing to be held before the evidence<\/span> is introduced at such preliminary hearing<\/span> or trial<\/span>. The court<\/span> shall exclude from the evidentiary hearing all persons except the accused<\/span>, the complaining witness<\/span>, other necessary witnesses, and required court<\/span> personnel. If the court<\/span> determines that the evidence<\/span> meets the requirements of subsections A and B of this section, it shall be admissible<\/span> before the judge<\/span> or jury<\/span> trying the case in the ordinary course of the preliminary hearing<\/span> or trial<\/span>. If the court<\/span> initially determines that the evidence<\/span> is inadmissible, but new information is discovered during the course of the preliminary hearing<\/span> or trial<\/span> which may make such evidence<\/span> admissible<\/span>, the court<\/span> shall determine in an evidentiary hearing whether such evidence<\/span> is admissible<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMISSION OF EVIDENCE (SUPREME COURT RULE 2:412 DERIVED FROM THIS SECTION) (\u00a7\n18.2-67.7)\n\nA. In prosecutions under this article, or under clause (iii) or (iv) of \u00a7\n18.2-48, 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion\nevidence of the complaining witness’s unchaste character or prior sexual\nconduct shall not be admitted. Unless the complaining witness voluntarily agrees\notherwise, evidence of specific instances of his or her prior sexual conduct\nshall be admitted only if it is relevant and is:\n\n 1. Evidence offered to provide an alternative explanation for physical\n evidence of the offense charged which is introduced by the prosecution,\n limited to evidence designed to explain the presence of semen, pregnancy,\n disease, or physical injury to the complaining witness’s intimate parts;\n or\n\n 2. Evidence of sexual conduct between the complaining witness and the accused\n offered to support a contention that the alleged offense was not accomplished\n by force, threat or intimidation or through the use of the complaining\n witness’s mental incapacity or physical helplessness, provided that the\n sexual conduct occurred within a period of time reasonably proximate to the\n offense charged under the circumstances of this case; or\n\n 3. Evidence offered to rebut evidence of the complaining witness’s prior\n sexual conduct introduced by the prosecution.\n\nB. Nothing contained in this section shall prohibit the accused from presenting\nevidence relevant to show that the complaining witness had a motive to fabricate\nthe charge against the accused. If such evidence relates to the past sexual\nconduct of the complaining witness with a person other than the accused, it\nshall not be admitted and may not be referred to at any preliminary hearing or\ntrial unless the party offering same files a written notice generally describing\nthe evidence prior to the introduction of any evidence, or the opening statement\nof either counsel, whichever first occurs, at the preliminary hearing or trial\nat which the admission of the evidence may be sought.\n\nC. Evidence described in subsections A and B of this section shall not be\nadmitted and may not be referred to at any preliminary hearing or trial until\nthe court first determines the admissibility of that evidence at an evidentiary\nhearing to be held before the evidence is introduced at such preliminary hearing\nor trial. The court shall exclude from the evidentiary hearing all persons\nexcept the accused, the complaining witness, other necessary witnesses, and\nrequired court personnel. If the court determines that the evidence meets the\nrequirements of subsections A and B of this section, it shall be admissible\nbefore the judge or jury trying the case in the ordinary course of the\npreliminary hearing or trial. If the court initially determines that the\nevidence is inadmissible, but new information is discovered during the course of\nthe preliminary hearing or trial which may make such evidence admissible, the\ncourt shall determine in an evidentiary hearing whether such evidence is\nadmissible.\n\nHISTORY: 1981, c. 397; 2007, c. 890; 2011, c. 785.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}