dissenting:
I dissent from the majority’s decision to grant a new trial in the instant case. The Rape Shield Law is a bar to admission of testimony of prior sexual conduct of a victim, whether consensual or nonconsensual, unless it has probative value which is exculpatory to the defendant. Commonwealth v. Smith, 410 Pa.Super. 363, 599 A.2d 1340 (1991). Exceptions to the broad exclusion of the rape shield law will arise “when a specific proffer demonstrates that the proposed inquiry is intended to elicit relevant evidence, which is more probative than prejudicial, and which is not cumulative of other evidence available.” Id. at 368, 599 A.2d at 1342, quoting Commonwealth v. Nieves, 399 Pa.Super. 277, 288, 582 A.2d 341, 347 (1990). However, in order to invoke such an exception, there must be an adequate, specific, written offer of proof. Commonwealth v. Kunkle, 424 Pa.Super. 499, 623 A.2d 336 (1993).
In the instant case, the lower court awarded appellee a new trial on the basis that he had been precluded from cross-*422examining the complainant as to whether or not her pregnancy was caused by him. As the lower court notes, however, no specific proffer was made in regard to the proposed cross-examination. The nature of the questions posed by the defense on cross-examination indicate that the testimony sought would obviously have delved into areas prohibited by the Rape Shield Law. The majority would find the requirement of a specific proffer of evidence waived in this case. I must strongly disagree with this conclusion.
The rape shield laws as enacted by the various states “were intended to end the abuses fostered by the common law rule[1] by limiting the harassing and embarrassing inquiries of defense counsel into irrelevant prior sexual conduct of sexual assault complainants.” Commonwealth v. Nieves, 399 Pa.Super. 277, 286, 582 A.2d 341, 346 (1990). The requirement of a specific proffer of evidence was designed to prevent “fishing expedition” types of intrusions into areas protected by the Rape Shield Law. Commonwealth v. Wall, 413 Pa.Super. 599, 606 A.2d 449 (1992), allocatur denied, 532 Pa. 645, 614 A.2d 1142 (1992).
The line of inquiry upon which the defense embarked on cross-examination of the victim herein was a fishing expedition of the precise type precluded by the Rape Shield Law. The defense made no specific proffer at trial, or at any time since then, of the evidence which he intended to elicit from such inquiry. On the other hand, the inquiry itself provided full opportunity for speculation and innuendo concerning the prior sexual history of the victim. The fact that the case was not tried before a jury seems to have had little effect in minimizing the prejudicial nature of the defense’ attempt to inquire into rape shield protected areas. Indeed, the trial court, who was the trier of fact in the instant case, granted appellee a new trial on the basis of the exclusion of the protected evidence, even though appellee did not raise a specific proffer *423of evidence at trial or in post-verdict motions.2 The trial court’s sua sponte granting of a new trial on this basis keenly demonstrates the powerful prejudicial nature of inquiries by the defense into the past sexual history of a female rape complainant. See Commonwealth v. Nieves, supra, 399 Pa.Super. at 286, 582 A.2d at 346 (admission of evidence of female rape complainants’ general reputation for morality and chastity resulted in notorious abuse of rape victims by defense attorneys, essentially putting the victim on trial).
As to the probative nature of the testimony which the defense sought to admit,31 acknowledge that the defense was interested in undermining the credibility of the complainant by attempting to establish some motive to testify falsely against the appellee. However, the testimony which the defense apparently sought on cross-examination (i.e., that appellee or someone other than him had impregnated the victim prior to the alleged rape incident) would have been incredibly weak in light of the other testimony of record. That testimony included evidence that the alleged rape occurred two days after the victim and appellee met, the victim verbally and physically resisted the advances of appellee, appellee repeatedly apologized to the complainant for his actions after the incident and admitted to her that he had “raped” her, as well as appellee’s payment of certain of the victim’s medical bills. In contrast with the enormously prejudicial nature of the testimony sought to be elicited, its probativeness of the issues before the court was clearly inferior and attenuated.
For these reasons, I would find that the trial court properly sustained the Commonwealth’s objections to the testimony sought to be introduced by the defense on cross examination. The basis of the trial court’s ruling, the prohibition of the testimony under the Rape Shield Law, was correct. It was error for the lower court to have awarded appellee a new trial *424on the basis of the exclusion of the evidence, and accordingly, I note my dissent.
. The common law rule required that evidence of a female rape complainant’s general reputation for morality and chastity was deemed admissible on the issue of consent. Commonwealth v. Nieves, supra, 399 Pa.Super. at 286, 582 A.2d at 346.
. Appellee does not even present a specific proffer of evidence in the instant appeal.
. Again, we must note we are engaging in speculation because of the absence of a specific proffer of evidence.