Georgia Code
Chapter 4 - Relevant Evidence and Its Limits
§ 24-4-412. Complainant’s Past Sexual Behavior Not Admissible in Prosecutions for Certain Sexual Offenses; Exceptions

History. Code 1981, § 24-4-412 , enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2019, p. 81, § 5/HB 424; Ga. L. 2020, p. 493, § 24/SB 429.
The 2019 amendment, effective April 18, 2019, rewrote this Code section. See Editor’s notes for applicability.
The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “subsection (b) of this Code section” for “subsection (b)” in the introductory language of paragraph (c)(1).
Editor’s notes.
Ga. L. 2019, p. 81, § 8/HB 424, not codified by the General Assembly, provides, in part: “Sections 4 and 5 of this Act shall apply to any motion made or hearing or trial commenced on or after the effective date of this Act.” This Act became effective April 18, 2019.
Law reviews.
For article, “An Analysis of Georgia’s Proposed Rules of Evidence,” see 26 Ga. St. B.J. 173 (1990).
For article, “Gender and Justice in the Courts: A Report to the Supreme Court of Georgia by the Commission on Gender Bias in the Judicial System,” see 8 Ga. St. U.L. Rev. 539 (1992).
For article, “The Georgia Roundtable Discussion Model: Another Way to Approach Reforming Rape Laws,” see 20 Ga. St. U.L. Rev. 565 (2004).
For comment on Teague v. State, 208 Ga. 459 , 67 S.E.2d 467 (1951), see 14 Ga. B.J. 363 (1952).
For comment on Frady v. State, 212 Ga. 84 , 90 S.E.2d 664 (1955), holding that a defendant has the right to cross-examine all witnesses called against him in all material matters, including the past conduct of the prosecutrix in an action for rape, see 19 Ga. B.J. 95 (1956).
For comment, “Can Georgia’s Rape Shield Statute Withstand a Constitutional Challenge?,” see 36 Mercer L. Rev. 991 (1985).

Structure Georgia Code