P.R. Laws Ap. tit. 34A, § II, Rule 154.1
No evidence shall be admitted in any proceedings for the crime of rape or attempted rape, with regard to the previous sexual behavior or record of the victim, or any evidence of opinion or reputation regarding said sexual behavior or record, for the purpose of challenging her credibility or to establish her consent, unless there are special circumstances that indicate that such evidence is relevant and that its defamatory or harmful nature shall not have a heavier weight than its probatory value.
If the accused offers to give evidence about the sexual behavior or record of the victim, or evidence of opinion or reputation with regard to such sexual behavior or record, under the exception of special circumstances, the following procedure shall be complied with:
(a) The accused shall present a sworn and a written motion to the court and to the Attorney General, indicating the evidence to be offered and its relevance to challenge the credibility or to establish the consent of the victim. Said motion shall be presented five days before the trial, unless there is no opportunity to do so or the accused had no information to support said motion.
(b) If the court determines that said evidence is satisfactory, a hearing shall be held in private and in absence of the jury. In said hearing the victim may be interrogated in relation to the evidence to be presented by the accused.
(c) If the court determines at the conclusion of the hearing that the evidence to be presented by the accused is relevant, and that its defamatory and injurious nature shall not have a heavier weight than its probatory value, it shall issue an order indicating the evidence that may be presented by the accused and the type of questions allowed. The accused may then give evidence according to the court order.
History —Added on Feb. 1, 1979, No. 6, p. 12.