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Ch. 26
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2002 LAWS OF MARYLAND
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(C) LIMITED DIVORCE.
A PERSON MAY BE PROSECUTED UNDER § 3-303, § 3-304, § 3-307, OR § 3-308 OF
THIS SUBTITLE FOR A CRIME AGAINST THE PERSON'S LEGAL SPOUSE IF AT THE TIME
OF THE ALLEGED CRIME THE PERSON AND THE SPOUSE LIVE APART, WITHOUT
COHABITATION AND WITHOUT INTERRUPTION, UNDER A DECREE OF LIMITED
DIVORCE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 464D.
In this section and throughout this subtitle, the term "against the will" is
deleted as included in the reference to "without the consent". The Court of
Appeals has determined that "against the will" and "without the consent"
are synonymous in the law of rape. See, e.g., State v. Rusk, 289 Md. 230
(1981).
Throughout this section, references to "commission" of a crime are deleted
as implicit in the references to a specific crime.
In subsection (b)(2) of this section, the reference to using force "in
committing the crime" is added for clarity.
Defined term: "Person" § 1-101
3-317. SAME — ADMISSIBILITY OF EVIDENCE.
(A) REPUTATION AND OPINION EVIDENCE INADMISSIBLE.
EVIDENCE RELATING TO A VICTIM'S REPUTATION FOR CHASTITY AND OPINION
EVIDENCE RELATING TO A VICTIM'S CHASTITY MAY NOT BE ADMITTED IN A
PROSECUTION FOR RAPE, A SEXUAL OFFENSE IN THE FIRST OR SECOND DEGREE,
ATTEMPTED RAPE, OR AN ATTEMPTED SEXUAL OFFENSE IN THE FIRST OR SECOND
DEGREE.
(B) SPECIFIC INSTANCE EVIDENCE ADMISSIBILITY REQUIREMENTS.
EVIDENCE OF A SPECIFIC INSTANCE OF A VICTIM'S PRIOR SEXUAL CONDUCT
MAY BE ADMITTED IN A PROSECUTION FOR RAPE, A SEXUAL OFFENSE IN THE FIRST
OR SECOND DEGREE, ATTEMPTED RAPE, OR AN ATTEMPTED SEXUAL OFFENSE IN
THE FIRST OR SECOND DEGREE ONLY IF THE JUDGE FINDS THAT:
(1) THE EVIDENCE IS RELEVANT;
(2) THE EVIDENCE IS MATERIAL TO A FACT IN ISSUE IN THE CASE;
(3) THE INFLAMMATORY OR PREJUDICIAL NATURE OF THE EVIDENCE
DOES NOT OUTWEIGH ITS PROBATIVE VALUE; AND
(4) THE EVIDENCE:
(I) IS OF THE VICTIM'S PAST SEXUAL CONDUCT WITH THE
DEFENDANT;
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