13-1421. Evidence relating to victim's
chastity; pretrial hearing
A. Evidence relating to a victim's reputation for chastity and opinion evidence
relating to a victim's chastity are not admissible in any prosecution for any offense in
this chapter. Evidence of specific instances of the victim's prior sexual conduct may be
admitted only if a judge finds the evidence is relevant and is material to a fact in
issue in the case and that the inflammatory or prejudicial nature of the evidence does
not outweigh the probative value of the evidence, and if the evidence is one of the
following:
1. Evidence of the victim's past sexual conduct with the defendant.
2. Evidence of specific instances of sexual activity showing the source or origin
of semen, pregnancy, disease or trauma.
3. Evidence that supports a claim that the victim has a motive in accusing the
defendant of the crime.
4. Evidence offered for the purpose of impeachment when the prosecutor puts the
victim's prior sexual conduct in issue.
5. Evidence of false allegations of sexual misconduct made by the victim against
others.
B. Evidence described in subsection A shall not be referred to in any statements to
a jury or introduced at trial without a court order after a hearing on written motions is
held to determine the admissibility of the evidence. If new information is discovered
during the course of the trial that may make the evidence described in subsection A
admissible, the court may hold a hearing to determine the admissibility of the evidence
under subsection A. The standard for admissibility of evidence under subsection A is by
clear and convincing evidence.
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