Va. R. Evid. 2:412

(a) In prosecutions under Article 7, Chapter 4 of Title 18.2 of the Code of Virginia, under

clause (iii) or (iv) of § 18.2-48, or under §§ 18.2-370, 18.2-370.01, or 18.2-370.1, general

reputation or opinion evidence of the complaining witness' unchaste character or prior sexual

conduct must not be admitted. Unless the complaining witness voluntarily agrees otherwise,

evidence of specific instances of his or her pr ior sexual conduct may be admitted only if it is

relevant and is:

1. Evidence offered to provide an alternative expla nation for physical evidence of the

offense charged which is introduced by the prosecution, limited to evidence designed to

explain the pre sence of semen, pregnancy, disease, or physical injury to the complaining

witness' intimate parts; or

2. Evidence of sexual conduct between the complaining witness and the accused offered to

support a contention that the alleged offense was not accomplishe d by force, threat or

intimidation or through the use of the complaining witness' mental incapacity or physical

helplessness, provided that the sexual conduct occurred within a period of time reasonably

proximate to the offense charged under the circumstan ces of this case; or

3. Evidence offered to rebut evidence of the complaining witness' prior sexual conduct

introduce d by the prosecution.

(b) Nothing contained in this Rule prohibits the accused from presenting evidence relevant to

show that the complaini ng witness had a motive to fabricate the charge against the accused. If

such evidence relates to the past sexual conduct of the complaining witness with a person other

than the accused, it may not be admitted and may not be referred to at any preliminary hearing or

trial unless the party offering same files a written notice generally describing the evidence prior

to the introduction of any evidence, or the opening statement of either counsel, whichever first

occurs, at the preliminary hearing or trial at which the admission of the evidence may be sought.

(c) Evidence described in subdivisions (a) and (b) of this Ru le may not be admitted and may

not be referred to at any preliminary hearing or trial until the court first determines the

admissibility of that e vidence at an evidentiary hearing to be held before the evidence is

introduced at such preliminary hearing o r trial. The court must exclude from the evidentiary

hearing all persons except the accused, the complaining witness, other necessary witnesses, and

required court personnel. If the court determines that the evidence meets the requirements of

subdivisions (a) and (b) of this Rule, is admissible before the judge or jury trying the case in the

ordinary course of the preliminary hearing or trial. If the court initially determines that the

evidence is inadmissible, but new information is discovered du ring the course of the preliminary

hearing or trial which may make such evidence admissible, the court must determine in an

evidentiary hearing wheth er such evidence is admissible.