FRE · Rule 412

FRE Rule 412

Quick Answer

What is FRE Rule 412?

Rule 412 addresses the admissibility of evidence regarding a victim's past sexual behavior in legal proceedings, particularly in the context of sexual offense cases.

Source: FRE Rule 412

Official Text
In a criminal case, evidence offered to prove that a victim engaged in other sexual behavior or has a sexual predisposition is not admissible, unless one of the exceptions applies.
Plain Language

FRE Rule 412 restricts the use of a victim's past sexual history as evidence in sexual offense cases. This rule aims to prevent victims from being unfairly judged or blamed based on their sexual behavior.

Purpose

The purpose of FRE Rule 412 is to protect victims of sexual offenses from being subjected to irrelevant and prejudicial scrutiny regarding their sexual history. It promotes a fair trial by focusing on the facts of the case rather than the character of the victim.

Key Provisions

Subsection (a)

This subsection states that evidence of a victim's past sexual behavior or sexual predisposition is generally inadmissible in criminal proceedings concerning sexual offenses.

Subsection (b)

This subsection outlines exceptions where such evidence may be admissible, specifically if it is used to prove consent, if it pertains to the perpetrator's behavior, or if it is constitutionally required.

Practice Notes
  • Always consider the relevance of the evidence in light of the rules of admissibility and any applicable exceptions under FRE Rule 412.
  • Consult state-specific statutes, as some jurisdictions may have additional protections or requirements regarding sexual history evidence.
  • In drafting motions or responses, explicitly cite the relevant subsection of Rule 412 to bolster your argument regarding the admissibility or inadmissibility of such evidence.
Landmark Cases

Michigan v. Lucas

In this case, the Supreme Court upheld the limitations of FRE Rule 412, emphasizing the importance of protecting sexual assault victims from prejudicial evidence about their past.

Doe v. Taylor Independent School District

This case illustrated the application of FRE Rule 412, focusing on the necessity of maintaining victim privacy while addressing consent issues.

Common Motions
  • Motion in limine to exclude evidence of the victim's past sexual behavior
Exam Tip

Questions involving FRE Rule 412 may test your understanding of permissible uses of a victim's sexual history, especially in hypothetical scenarios about trial admissibility.

Related Rules
  • fre-rule-404
  • fre-rule-403

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