2006 Code of Virginia § 18.2-67.7 - Admission of evidence

18.2-67.7. Admission of evidence.

A. In prosecutions under this article, general reputation or opinion evidenceof the complaining witness's unchaste character or prior sexual conduct shallnot be admitted. Unless the complaining witness voluntarily agrees otherwise,evidence of specific instances of his or her prior sexual conduct shall beadmitted only if it is relevant and is:

1. Evidence offered to provide an alternative explanation for physicalevidence 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

2. Evidence of sexual conduct between the complaining witness and the accusedoffered to support a contention that the alleged offense was not accomplishedby force, threat or intimidation or through the use of the complainingwitness's mental incapacity or physical helplessness, provided that thesexual conduct occurred within a period of time reasonably proximate to theoffense charged under the circumstances of this case; or

3. Evidence offered to rebut evidence of the complaining witness's priorsexual conduct introduced by the prosecution.

B. Nothing contained in this section shall prohibit the accused frompresenting evidence relevant to show that the complaining witness had amotive to fabricate the charge against the accused. If such evidence relatesto the past sexual conduct of the complaining witness with a person otherthan the accused, it shall not be admitted and may not be referred to at anypreliminary hearing or trial unless the party offering same files a writtennotice generally describing the evidence prior to the introduction of anyevidence, or the opening statement of either counsel, whichever first occurs,at the preliminary hearing or trial at which the admission of the evidencemay be sought.

C. Evidence described in subsections A and B of this section shall not beadmitted and may not be referred to at any preliminary hearing or trial untilthe court first determines the admissibility of that evidence at anevidentiary hearing to be held before the evidence is introduced at suchpreliminary hearing or trial. The court shall exclude from the evidentiaryhearing all persons except the accused, the complaining witness, othernecessary witnesses, and required court personnel. If the court determinesthat the evidence meets the requirements of subsections A and B of thissection, it shall be admissible before the judge or jury trying the case inthe ordinary course of the preliminary hearing or trial. If the courtinitially determines that the evidence is inadmissible, but new informationis discovered during the course of the preliminary hearing or trial which maymake such evidence admissible, the court shall determine in an evidentiaryhearing whether such evidence is admissible.

(1981, c. 397.)