Title 24, Chapter 2, Section 3
( 24-2-3)
(a) In any prosecution for rape, evidence relating to the past
sexual behavior of the complaining witness shall not be admissible,
either as direct evidence or on cross-examination of the complaining
witness or other witnesses, except as provided in this Code section.
For the purposes of this Code section, evidence of past sexual
behavior includes, but is not limited to, evidence of the
complaining witness's marital history, mode of dress, general
reputation for promiscuity, nonchastity, or sexual mores contrary to
the community standards. (b) In any prosecution for rape, evidence relating to the past
sexual behavior of the complaining witness may be introduced if the
court, following the procedure described in subsection (c) of this
Code section, finds that the past sexual behavior directly involved
the participation of the accused and finds that the evidence
expected to be introduced supports an inference that the accused
could have reasonably believed that the complaining witness
consented to the conduct complained of in the prosecution. (c) The procedure for introducing evidence as described in
subsection (b) of this Code section shall be as follows: (1) At the time the defense shall seek to introduce evidence which
would be covered by subsection (b) of this Code section, the
defense shall notify the court of such intent, whereupon the court
shall conduct an in camera hearing to examine into the defendant's
offer of proof; (2) At the conclusion of the hearing, if the court finds that any
of the evidence introduced at the hearing is admissible under
subsection (b) of this Code section or is so highly material that
it will substantially support a conclusion that the accused
reasonably believed that the complaining witness consented to the
conduct complained of and that justice mandates the admission of
such evidence, the court shall by order state what evidence may be
introduced by the defense at the trial of the case and in what
manner the evidence may be introduced; and (3) The defense may then introduce evidence pursuant to the order
of the court. |