§ 12-21-203 — Admissibility of Evidence Relating to Past Sexual Behavior of Complaining Witness in Prosecutions for Criminal Sexual Conduct

(a) As used in this section, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings:
(1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime charged, the prosecution of which is subject to the provisions of this section.
(2) CRIMINAL SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct, sexual abuse or carnal knowledge.
(3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term includes, but is not limited to, evidence of the complaining witness’s marital history, mode of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the community standards.
(b) In any prosecution for criminal sexual conduct or for assault with intent to commit, attempt to commit or conspiracy to commit criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness, as defined in subsection (a) of this section, shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or of other witnesses, except as otherwise provided in this section.
(c) In any prosecution for criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness shall be introduced if the court, following the procedure described in subsection (d) of this section, finds that such past sexual behavior directly involved the participation of the accused.
(d) The procedure for introducing evidence, as described in subsection (c) of this section, shall be as follows:
(1) At the time the defense shall seek to introduce evidence which would be covered by subsection (c) of this 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. All in camera proceedings shall be included in their entirety in the transcript and record of the trial and case;
(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 section, 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.

Legislative History

(Acts 1977, No. 251, p. 328.)