MARVIN MANDEL, Governor                             1541

CHAPTER 574

(House Bill 715)

AN ACT concerning

Crimes and Punishments — [[Sexual Offenses]] Rape

FOR the purpose of providing [[for the admission of]]
criteria, standards, circumstances and the manner in
which certain evidence [[in sexual offense]] is to
be admitted in the trial of rape cases.

BY adding to

Article 27 — Crimes and Punishments

Section [[551 1/2]] 461A

Annotated Code of Maryland

(1971 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section [[551 1/2]] 461A he and it is
hereby added to Article 27 - Crimes and Punishments, of
the Annotated Code of Maryland (1971 Replacement Volume
and 1975 Supplement) to read as follows:

Article 27 — Crimes and Punishments

[[555 1/2]] 461A. ADMISSIBILITY OF EVIDENCE IN
[[SEXUAL OFFENSE]] RAPE CASES.

(A) EVIDENCE RELATING TO A VICTIM'S REPUTATION FOR
CHASTITY AND OPINION EVIDENCE RELATING TO A VICTIM'S
CHASTITY ARE NOT ADMISSIBLE IN ANY PROSECUTION FOR
COMMISSION OF A [[SEXUAL OFFENSE]] RAPE. EVIDENCE OF
SPECIFIC INSTANCES OF THE VICTIM'S PRIOR SEXUAL CONDUCT
MAY BE ADMITTED ONLY IF THE JUDGE FINDS THE EVIDENCE IS
RELEVANT AND IS MATERIAL TO A FACT IN ISSUE IN THE CASE
AND THAT ITS INFLAMMATORY OR PREJUDICIAL NATURE DOES NOT
OUTWEIGH ITS PROBATIVE VALUE, AND IF THE EVIDENCE IS:

(1)    EVIDENCE OF THE VICTIM'S PAST SEXUAL
CONDUCT WITH THE DEFENDANT; OR

(2)    EVIDENCE OF SPECIFIC INSTANCES OF SEXUAL
ACTIVITY SHOWING THE SOURCE OR ORIGIN OF SEMEN,
PREGNANCY, DISEASE, OR TRAUMA; OR

(3)    EVIDENCE WHICH SUPPORTS A CLAIM THAT THE
VICTIM HAS AN ULTERIOR MOTIVE IN ACCUSING THE DEFENDANT
OF THE CRIME; OR

(4)    EVIDENCE OFFERED FOR THE PURPOSE OF