§ 16-42-101 - Admissibility of evidence of victim's prior sexual conduct.
               	 		
16-42-101.    Admissibility of evidence of victim's prior sexual conduct.
    (a)  As  used in this section, unless the context otherwise requires, "sexual  conduct" means deviate sexual activity, sexual contact, or sexual  intercourse, as those terms are defined by    5-14-101.
(b)  In  any criminal prosecution under    5-14-101 et seq. or    5-26-202, or for  criminal attempt to commit, criminal solicitation to commit, or  criminal conspiracy to commit an offense defined in any of those  sections, opinion evidence, reputation evidence, or evidence of specific  instances of the victim's prior sexual conduct with the defendant or  any other person, evidence of a victim's prior allegations of sexual  conduct with the defendant or any other person, which allegations the  victim asserts to be true, or evidence offered by the defendant  concerning prior allegations of sexual conduct by the victim with the  defendant or any other person if the victim denies making the  allegations is not admissible by the defendant, either through direct  examination of any defense witness or through cross-examination of the  victim or other prosecution witness, to attack the credibility of the  victim, to prove consent or any other defense, or for any other purpose.
(c)  Notwithstanding  the prohibition contained in subsection (b) of this section, evidence  directly pertaining to the act upon which the prosecution is based or  evidence of the victim's prior sexual conduct with the defendant or any  other person may be admitted at the trial if the relevancy of the  evidence is determined in the following manner:
      (1)  A  written motion shall be filed by the defendant with the court at any  time prior to the time the defense rests stating that the defendant has  an offer of relevant evidence prohibited by subsection (b) of this  section and the purpose for which the evidence is believed relevant;
      (2)    (A)  A  hearing on the motion shall be held in camera no later than three (3)  days before the trial is scheduled to begin, or at such later time as  the court may for good cause permit.
            (B)  A written record shall be made of the in camera hearing and shall be furnished to the Arkansas Supreme Court on appeal.
            (C)  If,  following the hearing, the court determines that the offered proof is  relevant to a fact in issue, and that its probative value outweighs its  inflammatory or prejudicial nature, the court shall make a written order  stating what evidence, if any, may be introduced by the defendant and  the nature of the questions to be permitted in accordance with the  applicable rules of evidence; and
      (3)    (A)  If  the court determines that some or all of the offered proof is relevant  to a fact in issue, the victim shall be told of the court's order and  given the opportunity to consult in private with the prosecuting  attorney.
            (B)  If the  prosecuting attorney is satisfied that the order substantially  prejudices the prosecution of the case, an interlocutory appeal on  behalf of the state may be taken in accordance with Rule 36.10 (a) and  (c), Arkansas Rules of Criminal Procedure.
            (C)  Further  proceedings in the trial court shall be stayed pending determination of  the appeal. However, a decision by the Arkansas Supreme Court  sustaining in its entirety the order appealed shall not bar further  proceedings against the defendant on the charge.
(d)  In  the event the defendant has not filed a written motion or a written  motion has been filed and the court has determined that the offered  proof is not relevant to a fact in issue, any willful attempt by counsel  or a defendant to make any reference to the evidence prohibited by  subsection (b) of this section in the presence of the jury may subject  counsel or a defendant to appropriate sanctions by the court.