(a) Evidence Generally Inadmissible.—The following evidence is not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in subdivisions (b) and (c):
(1) Evidence offered to prove that any alleged victim engaged in other sexual behavior.
(2) Evidence offered to prove any alleged victim’s sexual predisposition.
(b) Exceptions. (1) In a criminal case, the following evidence is admissible, if otherwise admissible under these rules: (A) evidence of specific instances of sexual behavior by the alleged victim offered to prove that a person other than the accused was the source of semen, injury or other physical evidence; (B) evidence of specific instances of sexual behavior by the alleged victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent or by the prosecution; and (C) evidence the exclusion of which would violate the constitutional rights of the defendant. (2) In a civil case, evidence offered to prove the sexual behavior or sexual predisposition of any alleged victim is admissible if it is otherwise admissible under these rules and its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. Evidence of an alleged victim’s reputation is admissible only if it has been placed in controversy by the alleged victim.
(c) Procedure To Determine Admissibility. (1) A party intending to offer evidence under subdivision (b) must— (A) file a written motion at least 14 days before trial specifically describing the evidence and stating the purpose for which it is offered unless the court, for good cause requires a different time for filing or permits filing during trial; and (B) serve the motion on all parties and notify the alleged victim or, when appropriate, the alleged victim’s guardian or representative. (2) Before admitting evidence under this rule the court must conduct a hearing in camera and afford the victim and parties a right to attend and be heard. The motion, related papers, and the record of the hearing must be sealed and remain under seal unless the court orders otherwise.
(As added Oct. 28, 1978, eff. Nov. 28, 1978; amended Nov. 18, 1988; Apr. 29, 1994, eff. Dec. 1, 1994; Sept. 13, 1994, eff. Dec. 1, 1994.)
added in current removed in current
Compared to current version (2025).
(a) Evidence Generally Inadmissible.-Prohibited Uses. The following evidence is not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in subdivisions (b) and (c):
(1) Eevidence offered to prove that any alleged victim engaged in other sexual behavior.; or
(2) Eevidence offered to prove any alleged victim’s sexual predisposition.
(b) Exceptions.
(1) In a cCriminal cCase,s. The court may admit the following evidence isn admissible, if otherwise admissible under these rules: criminal case:
(A) evidence of specific instances of a victim’s sexual behavior by the alleged victim, if offered to prove that a perssomeone other than the accuseddefendant was the source of semen, injury, or other physical evidence;
(B) evidence of specific instances of a victim’s sexual behavior by the alleged victim with respect to the person accused of the sexual misconduct, if offered by the accuseddefendant to prove consent or if offered by the prosecutionor; and
(C) evidence thwhose exclusion of which would violate the defendant’s constitutional rights of the defendant. (2) In a civil case,.
(2) Civil Cases. In a civil case, the court may admit evidence offered to prove thea victim’s sexual behavior or sexual predisposition of any alleged victim is admissible if it is otherwise admissible under these rules andif its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. EThe court may admit evidence of an alleged victim’s reputation is admissible only if it has beenonly if the victim has placed it in controversy by the alleged victim.
(c) Procedure Tto Determine Admissibility.
(1) AMotion. If a party intendings to offer evidence under subdivision (b)Rule 412(b), the party must- :
(A) file a written motion at least 14 days before trialmotion that specifically describinges the evidence and statinges the purpose for which it is to be offered;
(B) do so at least 14 days before trial unless the court, for good cause require, sets a different time for filing or permits filing during trial; and (B;
(C) serve the motion on all parties; and
(D) notify the alleged victim or, when appropriate, the alleged victim’s guardian or representative.
(2) Hearing. Before admitting evidence under this rule, the court must conduct a hearingn in camera and affordhearing and give the victim and parties a right to attend and be heard. TUnless the court orders otherwise, the motion, related papermaterials, and the record of the hearing must be sealed and remain under seal unless the court orsealed.
(d) Definition of ‘‘Victim.’’ In this rule, ‘‘victim’’ includers otherwise.
(As added Oct. 28, 1978, eff. Nov. 28, 1978; amended Nov. 18, 1988; Apr. 29, 1994, eff. Dec. 1, 1994; Sept. 13, 1994, eff. Dec. 1, 1994an alleged victim. (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.)