Also known as: FRE 412 · Federal Rule of Evidence 412 · Rule 412 · rape shield rule · rape shield
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule that generally excludes evidence offered to prove that an alleged victim engaged in other sexual behavior or to prove the victim's sexual predisposition. The prohibition applies in both civil and criminal proceedings involving alleged sexual misconduct. Narrow exceptions permit admission in criminal cases when the evidence shows that someone other than the defendant was the source of semen, injury, or other physical evidence, when the evidence concerns specific instances of sexual behavior between the victim and the accused offered to prove consent, or when exclusion would violate the defendant's constitutional rights.
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Felicity French accuses her supervisor Fabian Flynn of sexual assault after a late-night meeting. Flynn seeks to introduce evidence that French had consensual encounters with two other coworkers at the same office to suggest she is sexually available and likely consented. The court excludes the evidence because it concerns other sexual behavior offered solely to prove predisposition and consent, and no exception applies.
Flora Ford testifies against Finn Fletcher in a sexual assault prosecution. Fletcher attempts to cross-examine Ford about an unrelated prior incident to undermine her general credibility. The court limits the questioning because the inquiry would improperly introduce evidence of the victim's other sexual behavior without fitting any exception under the rule.
The rule bars evidence offered to prove that an alleged victim engaged in other sexual behavior or to prove the victim's sexual predisposition in any proceeding involving alleged sexual misconduct. This exclusion applies in both civil and criminal cases and prevents the trial from focusing on the victim's character rather than the charged conduct.
In a criminal case the rule permits specific instances of the victim's sexual behavior with the accused when offered by the defendant to prove consent. The evidence must still satisfy procedural requirements such as notice and an in-camera hearing.
Yes. The prohibition on evidence of other sexual behavior or sexual predisposition applies in civil proceedings involving alleged sexual misconduct. Admission is possible only if the probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party.
Rule 412(b)(1)(A) permits evidence of specific instances of the victim's sexual behavior when offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence. The exception is limited to that precise purpose.