Shand v. State

RODOWSKY, Judge.

We granted certiorari in this rape prosecution in order to review an interpretation of the rape shield statute, Md.Code (1957, 1992 Repl.Vol.), Art. 27, § 461A (the Statute), that was placed upon it in Shand v. State, 103 Md.App. 465, 653 A.2d 1000 (1995). 1 The Court of Special Appeals held “that ‘sexual conduct,’ as that term is used in [the Statute], requires physical contact indicating a willingness to engage in either vaginal intercourse or a sexual act.” Id. at 480-81, 653 A.2d at 1007-08 (footnotes omitted). As explained below, we shall hold that “sexual conduct” is not…