A. In prosecutions under this article, or under clause (iii) or (iv) of § 18.2-48, 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion evidence of the complaining witness's unchaste character or prior sexual conduct shall not be admitted. Unless the complaining witness voluntarily agrees otherwise, evidence of specific instances of his or her prior sexual conduct shall be admitted only if it is relevant and is:
1. Evidence offered to provide an alternative explanation for physical evidence 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 accused offered to support a contention that the alleged offense was not accomplished by force, threat or intimidation or through the use of the complaining witness's mental incapacity or physical helplessness, provided that the sexual conduct occurred within a period of time reasonably proximate to the offense charged under the circumstances of this case; or
3. Evidence offered to rebut evidence of the complaining witness's prior sexual conduct introduced by the prosecution.
B. Nothing contained in this section shall prohibit the accused from presenting evidence relevant to show that the complaining witness had a motive to fabricate the charge against the accused. If such evidence relates to the past sexual conduct of the complaining witness with a person other than the accused, it shall not be admitted and may not be referred to at any preliminary hearing or trial unless the party offering same files a written notice generally describing the evidence prior to the introduction of any evidence, or the opening statement of either counsel, whichever first occurs, at the preliminary hearing or trial at which the admission of the evidence may be sought.
C. Evidence described in subsections A and B of this section shall not be admitted and may not be referred to at any preliminary hearing or trial until the court first determines the admissibility of that evidence at an evidentiary hearing to be held before the evidence is introduced at such preliminary hearing or trial. The court shall exclude from the evidentiary hearing all persons except the accused, the complaining witness, other necessary witnesses, and required court personnel. If the court determines that the evidence meets the requirements of subsections A and B of this section, it shall be admissible before the judge or jury trying the case in the ordinary course of the preliminary hearing or trial. If the court initially determines that the evidence is inadmissible, but new information is discovered during the course of the preliminary hearing or trial which may make such evidence admissible, the court shall determine in an evidentiary hearing whether such evidence is admissible.
1981, c. 397; 2007, c. 890; 2011, c. 785.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 4 - Crimes Against the Person
§ 18.2-30. Murder and manslaughter declared felonies
§ 18.2-31. Aggravated murder defined; punishment
§ 18.2-32. First and second degree murder defined; punishment
§ 18.2-32.1. Murder of a pregnant woman; penalty
§ 18.2-32.2. Killing a fetus; penalty
§ 18.2-32.3. Human infant; independent and separate existence
§ 18.2-33. Felony homicide defined; punishment
§ 18.2-35. How voluntary manslaughter punished
§ 18.2-36. How involuntary manslaughter punished
§ 18.2-36.1. Certain conduct punishable as involuntary manslaughter
§ 18.2-36.2. Involuntary manslaughter; operating a watercraft while under the influence; penalties
§ 18.2-37. How and where homicide prosecuted and punished if death occur without the Commonwealth
§ 18.2-37.1. Certain matters not to constitute defenses
§ 18.2-40. Lynching deemed murder
§ 18.2-41. Shooting, stabbing, etc., with intent to maim, kill, etc., by mob
§ 18.2-42. Assault or battery by mob
§ 18.2-42.1. Acts of violence by mob
§ 18.2-43. Apprehension and prosecution of participants in lynching
§ 18.2-44. Civil liability for lynching
§ 18.2-45. Persons suffering death from mob attempting to lynch another person
§ 18.2-46.2. Prohibited criminal street gang participation; penalty
§ 18.2-46.3. Recruitment of persons for criminal street gang; penalty
§ 18.2-46.3:1. Third or subsequent conviction of criminal street gang crimes
§ 18.2-46.3:3. Enhanced punishment for gang activity taking place in a gang-free zone; penalties
§ 18.2-46.5. Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty
§ 18.2-46.7. Act of bioterrorism against agricultural crops or animals; penalty
§ 18.2-46.10. Violation of sections within article separate and distinct offenses
§ 18.2-47. Abduction and kidnapping defined; punishment
§ 18.2-48. Abduction with intent to extort money or for immoral purpose
§ 18.2-48.1. Abduction by prisoners or committed persons; penalty
§ 18.2-49. Threatening, attempting, or assisting in such abduction; penalty
§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty
§ 18.2-50. Disclosure of information and assistance to law-enforcement officers required
§ 18.2-50.2. Emergency control of telephone service in hostage or barricaded person situation
§ 18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.
§ 18.2-51.2. Aggravated malicious wounding; penalty
§ 18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated
§ 18.2-51.6. Strangulation of another; penalty
§ 18.2-51.7. Female genital mutilation; penalty
§ 18.2-52.1. Possession of infectious biological substances or radiological agents; penalties
§ 18.2-52.2. Animal attack resulting from owner's disregard for human life; penalty
§ 18.2-53. Shooting, etc., in committing or attempting a felony
§ 18.2-53.1. Use or display of firearm in committing felony
§ 18.2-54. Conviction of lesser offenses under certain indictments
§ 18.2-54.1. Attempts to poison
§ 18.2-54.2. Adulteration of food, drink, drugs, cosmetics, etc.; penalty
§ 18.2-55.1. Hazing of youth gang members unlawful; criminal liability
§ 18.2-56. Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty
§ 18.2-56.1. Reckless handling of firearms; reckless handling while hunting
§ 18.2-56.2. Allowing access to firearms by children; penalty
§ 18.2-57. Assault and battery; penalty
§ 18.2-57.01. Pointing laser at law-enforcement officer unlawful; penalty
§ 18.2-57.02. Disarming a law-enforcement or correctional officer; penalty
§ 18.2-57.2. Assault and battery against a family or household member; penalty
§ 18.2-57.4. Reporting findings of assault and battery to military family advocacy representatives
§ 18.2-57.5. Certain matters not to constitute defenses
§ 18.2-58.1. Carjacking; penalty
§ 18.2-59. Extortion of money, property or pecuniary benefit
§ 18.2-60.1. Threatening the Governor or his immediate family
§ 18.2-60.2. Members of the Governor's immediate family
§ 18.2-60.3. Stalking; penalty
§ 18.2-60.4. Violation of protective orders; penalty
§ 18.2-60.5. Unauthorized use of electronic tracking device; penalty
§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age
§ 18.2-64.1. Carnal knowledge of certain minors
§ 18.2-67.2. Object sexual penetration; penalty
§ 18.2-67.3. Aggravated sexual battery; penalty
§ 18.2-67.4:1. Infected sexual battery; penalty
§ 18.2-67.4:2. Sexual abuse of a child under 15 years of age; penalty
§ 18.2-67.5:1. Punishment upon conviction of third misdemeanor offense
§ 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault
§ 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault
§ 18.2-67.6. Proof of physical resistance not required
§ 18.2-67.7. Admission of evidence (Supreme Court Rule 2:412 derived from this section)
§ 18.2-67.8. Closed preliminary hearings
§ 18.2-67.9. Testimony by child victims and witnesses using two-way closed-circuit television
§ 18.2-67.9:1. Use of a certified facility dog for testimony in a criminal proceeding
§ 18.2-67.10. General definitions
§ 18.2-71. Producing abortion or miscarriage, etc.; penalty
§ 18.2-71.1. Partial birth infanticide; penalty
§ 18.2-72. When abortion lawful during first trimester of pregnancy
§ 18.2-73. When abortion lawful during second trimester of pregnancy
§ 18.2-74. When abortion or termination of pregnancy lawful after second trimester of pregnancy
§ 18.2-74.1. Abortion, etc., when necessary to save life of woman
§ 18.2-76. Informed written consent required