Section 21B. Evidence of the reputation of a victim's sexual conduct shall not be admissible in an investigation or proceeding before a grand jury or a court of the commonwealth for a violation of sections 13B, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 50 or 51 of chapter 265 Evidence of specific instances of a victim's sexual conduct in such an investigation or proceeding shall not be admissible except evidence of the victim's sexual conduct with the defendant or evidence of recent conduct of the victim alleged to be the cause of any physical feature, characteristic, or condition of the victim; provided, however, that such evidence shall be admissible only after an in camera hearing on a written motion for admission of same and an offer of proof. If, after said hearing, the court finds that the weight and relevancy of said evidence is sufficient to outweigh its prejudicial effect to the victim, the evidence shall be admitted; otherwise not. If the proceeding is a trial with jury, said hearing shall be held in the absence of the jury. The finding of the court shall be in writing and filed but shall not be made available to the jury.
Notes of Decisions
Cited in
113
cases (
11 in the last 5 years), 1978–2025 · leading case:
Commonwealth v. Joyce, 415 N.E.2d 181 (Mass. 1981).
Commonwealth v. Joyce, 415 N.E.2d 181 (Mass. 1981).
· cites it 16× “The judge based this ruling on the prohibition in the Massachusetts rape-shield statute, G.L.c. 233, § 21B, [3] against admitting in a rape trial evidence of reputation or of specific instances of a rape victim's sexual conduct.”
Commonwealth v. Jones, 37 N.E.3d 589 (Mass. 2015).
· cites it 15× “The defendant further contends that the judge violated his right to a public trial by holding, pursuant to G. L. c. 233, § 21B (rape shield law), an in camera hearing to determine the admissibility of evidence relating to the victim's prior sexual contact with the individual to…”
Commonwealth v. Harris, 825 N.E.2d 58 (Mass. 2005).
· cites it 9× “The defendant thus asks us to revisit whether the rape-shield statute, G. L. c. 233, § 21B, precludes introduction of convictions of the complaining witness under G.”
Commonwealth v. Houston, 722 N.E.2d 942 (Mass. 2000).
· cites it 16× “We believe that, pursuant to the rape-shield statute, G. L. c. 233, § 21B, evidence of convictions of a rape complainant involving sexual conduct *618 with others, including prostitution, is not generally admissible for the purpose of impeachment of the credibility of the…”
Commonwealth v. Elder, 452 N.E.2d 1104 (Mass. 1983).
· cites it 5× “See G. L. c. 233, § 21B, inserted by St. 1977, c.”
Commonwealth v. Yelle, 459 N.E.2d 461 (Mass. 1984).
· cites it 7× “G. L. c. 233, § 21B. 1 The defendant contended at a hearing before a judge in the Superior Court that this evidence was admissible (1) as a possible explanation for the physical condition of the alleged victim as found by the Baystate Medical Center, and (2) to impeach the…”
Dolinger v. Hall, 302 F.3d 5 (1st Cir. 2002).
· cites it 3× “Citing the Massachusetts rape-shield statute, Mass. Gen. Laws Ann. ch. 233, § 21B, 4 the trial court ruled that, whatever its relevance, the proffered evidence was “well overshadowed .”
Commonwealth v. Edgerly, 435 N.E.2d 641 (Mass. App. Ct. 1982).
· cites it 5× “The defendant contends that the rape-shield law, G. L. c. 233, § 21B, enacted by St. 1977, c.”
Commonwealth v. Mosby, 413 N.E.2d 754 (Mass. App. Ct. 1980).
· cites it 3× “nfronted with the complainant, was improper; (2) that the prosecutor’s additional comment, in closing argument, to the effect that once the complainant had recovered her stereo set, she could have “dropped the complaint if she was not telling the truth” about the rape, was also…”
Commonwealth v. Bohannon, 378 N.E.2d 987 (Mass. 1978).
· cites it 2× “We, therefore, do not reach any issues related to the recently enacted "rape-shield” statute, G. L. c. 233, § 21B, inserted by St. 1977, c.”
Commonwealth v. Domaingue, 493 N.E.2d 841 (Mass. 1986).
· cites it 5× “The defendant appealed the incest convictions, arguing that: (1) the judge erroneously applied the rape-shield law, G. L. c. 233, § 21B (1984 ed.), to the charges of incest against the defendant, and by excluding relevant evidence of specific instances of past sexual conduct of…”
Commonwealth v. Grieco, 436 N.E.2d 167 (Mass. 1982).
· cites it 6× “At a pretrial hearing, the judge denied the defendant’s motion to admit evidence filed pursuant to G. L. c. 233, § 21B, the rape-shield statute.”
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