Certain Evidence of Criminal Sexual Conduct

(a)Notwithstanding any other provision of law, reputation or opinion evidence of a person's past sexual behavior is not admissible in any trial if an issue in such trial is whether such person was a victim of criminal sexual conduct.

(b)Notwithstanding any other provision of law, evidence of specific instances of a person's past sexual conduct is not admissible in any trial if an issue in such trial is whether such person was a victim of criminal sexual conduct, except that otherwise admissible evidence of specific instances of such conduct is admissible in such trial: 1. If such evidence: i. is evidence of sexual behavior with persons other than the accused, offered by the accused upon the issue of whether the accused was or was not, with respect to the alleged victim, the source of pregnancy, disease, semen or injury; or ii. is of past sexual behavior with the accused and is offered by the accused upon issue of whether the alleged victim consented to the sexual behavior with respect to which criminal sexual conduct is alleged; and 2. If the requirements contained in subsection

(c)are satisfied.

(c)

(1)If the person accused of criminal sexual conduct intends to offer under subsection

(b)of this Section, evidence of specific instances of COL120106 DIV. 2 PRINCIPLES OF E VIDENCE CH. 8 THE EFFECT OF E VIDENCE the alleged victim's past sexual behavior, the accused shall make a written motion to offer such evidence not later than fifteen

(15)days before the date on which the trial in which such evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence. Any motion made under this paragraph shall be served on all other parties and on the alleged victim if not a party.

(2)The motion described in paragraph

(1)of this subsection shall be accompanied by a written offer of proof. If the court determines that the offer of proof contains evidence described in subsection (b)(1), the court shall order a hearing in chambers to determine if such evidence is admissible. At such hearing, the parties may call witnesses, including the alleged victim and offer relevant evidence. If the relevance of the evidence which the accused seeks to offer in the trial depends upon the fulfillment of a condition of fact, the court, at the hearing in chambers or at a subsequent hearing scheduled for such purpose, shall accept evidence on the issue of whether such condition of fact is fulfilled and shall determine such issue.

(3)If the court determines on the basis of the hearing described in paragraph (c)(2), that the evidence which the accused seeks to offer is relevant and the probative value of such evidence substantially outweighs the danger of unfair prejudice, such evidence shall be admissible in the trial to the extent an order made by the court specifies evidence which may be offered and areas with respect to which the alleged victim may be examined or cross-examined.

(d)For purposes of this Section, the term past sexual behavior means sexual behavior other than the sexual behavior with respect to which criminal sexual conduct is alleged.