Md. R. Evid. 5-412

As amended through May 11, 2022
Rule 5-412 - Sex Offense Cases; Relevance of Victims Past Behavior

In prosecutions for any sex offense under Code, Criminal Law Article, Title 3, Subtitle 3 or a lesser included crime; the sexual abuse of a minor under Code, Criminal Law Article, § 3-602 or a lesser included crime; or the sexual abuse of a vulnerable adult under Code, Criminal Law Article, § 3-604 or a lesser included crime, admissibility of evidence relating to the victim's sexual history is governed by Code, Criminal Law Article, § 3-319.

Md. R. Evid. 5-412

This Rule is new.

Adopted Dec. 15, 1993, eff. 7/1/1994. Amended June 8, 1998, eff. 10/1/1998; 10/31/2002, eff. 1/1/2003; 11/12/2003, eff. 1/1/2004.

HISTORICAL NOTES

2002 Orders

The October 31, 2002, order substituted "Criminal Law Article, § 3-317(b) " for "Article 27, § 461A "; and amended the committee note.

2003 Orders

The November 12, 2003, order rewrote this rule, which previously read:

"In prosecutions for rape, sexual offense in the first or second degree, attempted rape, or attempted sexual offense in the first or second degree, admissibility of evidence relating to the victim's sexual history is governed by Code, Criminal Law Article, § 3-317(b).

"Committee note: Code, Criminal Law Article, § 3-317(b) governs the admissibility of sexual history evidence only in prosecutions for rape, sexual offense in the first or second degree, attempted rape, or attempted sexual offense in the first or second degree. The admissibility of such evidence in other sexual offense cases is governed by the rules of this Title.

"Source: This Rule is new."