Fed. R. Evid. 412 — Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition
Plain English
The rape-shield rule. In any case involving alleged sexual misconduct, evidence of a victim’s other sexual behavior or sexual predisposition is generally inadmissible. There are narrow criminal-case exceptions (an alternate source of physical evidence; specific instances with the accused going to consent; constitutionally required evidence) and a tightly balanced civil exception. A strict procedure applies: a written motion at least 14 days before trial, notice to the victim, and a sealed in camera hearing.
From the Courtroom
Rule 412 flips the usual balance. In civil cases the proponent must show the evidence’s probative value SUBSTANTIALLY outweighs the harm to the victim and unfair prejudice—the opposite tilt from Rule 403. The procedure is mandatory and unforgiving: miss the 14-day motion or skip the in camera hearing and the evidence is out regardless of merit. Handle this rule with extra care—it protects victims, and the record stays sealed.
Key Points & Authority
- Prohibited (412(a)). A victim’s other sexual behavior or sexual predisposition.
- Criminal exceptions (412(b)(1)). Alternate source of semen/injury/physical evidence; specific instances with the accused (consent, or offered by the prosecutor); constitutionally required evidence.
- Civil exception (412(b)(2)). Admissible only if probative value substantially outweighs harm to the victim and unfair prejudice; reputation only if the victim placed it in controversy.
- Procedure (412(c)). Written motion describing the evidence at least 14 days pretrial, served on parties and notifying the victim; sealed in camera hearing.
Florida Parallel
Florida Parallel: There is no counterpart within the Florida Evidence Code (Chapter 90). Florida’s rape-shield protection sits in § 794.022, Fla. Stat. (part of the sexual-battery statute), which likewise restricts evidence of a victim’s prior sexual conduct. Cross-reference is text-only for now; live links added in a later interlinking pass.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:
(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 evidence in a criminal case:
(A) evidence of specific instances of a victim’s sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence;
(B) evidence of specific instances of a victim’s sexual behavior 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 defendant’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 predisposition 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) Procedure to Determine Admissibility.
(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 orders 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.
Educational reference. Educational summary of the Federal Rules of Evidence, not legal advice.
What this rule means in plain English
The rape-shield rule. In any case involving alleged sexual misconduct, evidence of a victim’s other sexual behavior or sexual predisposition is generally inadmissible. There are narrow criminal-case exceptions (an alternate source of physical evidence; specific instances with the accused going to consent; constitutionally required evidence) and a tightly balanced civil exception. A strict procedure applies: a written motion at least 14 days before trial, notice to the victim, and a sealed in camera hearing.