Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements

FEDERAL RULES OF EVIDENCE

ARTICLE IV. RELEVANCY AND ITS LIMITS

Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual
Behavior or Alleged Sexual Predisposition

(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.

Federal Rules of Evidence Rule 412. Notes

Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual
Behavior or Alleged Sexual Predisposition

Federal Rules of Evidence Rule 412. Notes