8-2801.Admissibility of evidence; prior sexual activity or reputation.

Evidence offered to prove that a victim engaged in other sexual behavior, and evidence offered to prove a victim's sexual predisposition, is not admissible in any civil proceeding, except as the section's own exceptions allow.

Two exceptions apply, and only if otherwise admissible under the Code: evidence of the victim's specific instances of sexual behavior offered to prove that someone other than the accused was the source of semen, injury, or other physical evidence, and evidence of the victim's specific instances of sexual behavior with the person accused of the sexual misconduct, offered by the accused to prove the victim's consent.

Before either exception can be used, the party intending to offer the evidence must file a written motion at least 14 days before trial, unless the court, for good cause, requires a different time or permits filing during trial. The motion must specifically describe the evidence and state its purpose, and it must be served on all parties with notice to the victim or, when appropriate, the victim's guardian or representative. The court then holds an in camera hearing, affording the victim and the parties a right to attend and be heard, before admitting the evidence; the motion, related papers, and the hearing record must be sealed unless the court orders otherwise.