                                 CODE OF VIRGINIA

ADMISSION OF EVIDENCE (SUPREME COURT RULE 2:412 DERIVED FROM THIS SECTION) (§
18.2-67.7)

A. In prosecutions under this article, or under clause (iii) or (iv) of §
18.2-48, 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion
evidence of the complaining witness&#8217;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. 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&#8217;s intimate parts;
   or

   2. 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&#8217;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

   3. Evidence offered to rebut evidence of the complaining witness&#8217;s prior
   sexual conduct introduced by the prosecution.

B. 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.

C. 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.

HISTORY: 1981, c. 397; 2007, c. 890; 2011, c. 785.