Rule 412 — Sex-Offense Cases: The Victim’s Sexual Behavior or Pre- disposition

Fed. R. Evid. 412

• Source: Federal Rules of Evidence
• Rule: 412
• ARTICLE IV: RELEVANCE AND ITS LIMITS
• Citation: Fed. R. Evid. 412

Text

(a) PROHIBITED USES. The following evidence is not admissible in
a civil or criminal proceeding involving alleged sexual mis-
conduct:
(1) evidence offered to prove that a victim engaged in other
sexual behavior; or
(2) evidence offered to prove a victim’s sexual predisposition.
(b) EXCEPTIONS.
(1) Criminal Cases. The court may admit the following evi-
dence in a criminal case:
(A) evidence of specific instances of a victim’s sexual be-
havior, if offered to prove that someone other than the de-
fendant was the source of semen, injury, or other physical
evidence;
(B) evidence of specific instances of a victim’s sexual be-
havior with respect to the person accused of the sexual
misconduct, if offered by the defendant to prove consent or
if offered by the prosecutor; and
(C) evidence whose exclusion would violate the defend-
ant’s constitutional rights.
(2) Civil Cases. In a civil case, the court may admit evidence
offered to prove a victim’s sexual behavior or sexual pre-
disposition if its probative value substantially outweighs the
danger of harm to any victim and of unfair prejudice to any
party. The court may admit evidence of a victim’s reputation
only if the victim has placed it in controversy.
(c) PROCEDURETODETERMINEADMISSIBILITY.
(1) Motion. If a party intends to offer evidence under Rule
412(b), the party must:

(A) file a motion that specifically describes the evidence
and states the purpose for which it is to be offered;
(B) do so at least 14 days before trial unless the court, for
good cause, sets a different time;
(C) serve the motion on all parties; and
(D) notify the victim or, when appropriate, the victim’s
guardian or representative.
(2) Hearing. Before admitting evidence under this rule, the
court must conduct an in camera hearing and give the victim
and parties a right to attend and be heard. Unless the court or-
ders otherwise, the motion, related materials, and the record
of the hearing must be and remain sealed.
(d) DEFINITION OF ‘‘VICTIM.’’ In this rule, ‘‘victim’’ includes an
alleged victim.

Advisory Committee Notes

(As added Pub. L. 95–540, §2(a), Oct. 28, 1978, 92 Stat. 2046, eff. Nov. 28, 1978; amended Pub. L. 100–690, title VII, §7046(a), Nov. 18, 1988, 102 Stat. 4400; Apr. 29, 1994, eff. Dec. 1, 1994; Pub. L. 103–322, title IV, §40141(b), Sept. 13, 1994, 108 Stat. 1919, eff. Dec. 1, 1994; Apr. 26, 2011, eff. Dec. 1, 2011.)