What Is Rule 412? The Federal Rape Shield Law

Federal Rule of Evidence 412, known as the federal rape shield law, governs evidence related to an alleged victim’s sexual history in court proceedings. Its primary function is to protect individuals in sexual misconduct cases from having their past sexual behavior or predispositions used against them. The rule shifts the focus of a trial away from the personal life of the alleged victim and onto the specific facts of the alleged crime. This approach seeks to encourage the reporting of sexual assault by assuring the legal process will concentrate on the incident in question.

The General Ban on Evidence

Rule 412 establishes a broad prohibition on two categories of evidence in both civil and criminal cases involving sexual misconduct. The first category is evidence offered to prove that an alleged victim engaged in “other sexual behavior.” This restriction prevents introducing information about a person’s past consensual sexual encounters with individuals other than the defendant, as such history is not indicative of consent for the specific act in question.

The second category of prohibited evidence concerns an alleged victim’s “sexual predisposition.” This can include a wide range of personal information, and examples of excluded evidence include a person’s style of dress, their use of contraception, or their presence at a bar. The rule aims to prevent judgments based on lifestyle choices from influencing a legal proceeding.

This general ban is the default standard, meaning evidence of a victim’s past sexual behavior or predisposition is inadmissible unless an exception applies. The rule applies to all legal matters involving sexual misconduct, such as sexual harassment claims.

Exceptions in Criminal Cases

In criminal proceedings, there are three specific and narrow exceptions to the general ban on evidence of an alleged victim’s past sexual behavior. Courts apply these exceptions strictly, carefully weighing the defendant’s rights against the rule’s purpose of protecting the alleged victim. The exceptions are:

• Evidence of a victim’s specific sexual behavior to prove that someone other than the defendant was the source of semen, injury, or other physical evidence. This is relevant in cases where the perpetrator’s identity is a central issue.
• Evidence of a victim’s specific sexual behavior with the accused. This can be offered by the defendant to prove consent, or it may be offered by the prosecution.
• Evidence whose exclusion would violate the defendant’s constitutional rights, such as the right to confront one’s accuser or to present a complete defense.

Exceptions in Civil Cases

The standard for admitting evidence of an alleged victim’s sexual history in civil cases is different from the exceptions in criminal cases. In a civil proceeding, evidence of a victim’s sexual behavior or predisposition may be admitted if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. This “reverse balancing test” places a higher burden on the party seeking to admit the evidence, creating a flexible yet stringent standard. The court must carefully consider the potential harm to the victim and will only allow the evidence if its value in proving a relevant fact is significantly greater than these harms.

The rule also addresses evidence of a victim’s reputation. In a civil case, evidence of a victim’s reputation is admissible only if the victim has placed it in controversy. This means the victim must have first raised the issue of their reputation in the case, for example, by claiming damages for harm to their reputation.

The Process for Seeking an Exception

A party who intends to offer evidence under a Rule 412 exception must follow a specific procedural path. The process begins with filing a written motion that describes the evidence and states its purpose. This motion must be filed at least 14 days before trial, unless the court sets a different deadline for good cause. The motion must be served on all parties and provided to the victim or their representative.

A requirement of this process is that the motion and related materials be filed “under seal.” This means the documents are kept private and are not part of the public record, a measure designed to protect the victim’s privacy from the unnecessary disclosure of sensitive information.

Before any such evidence can be admitted, the court must conduct an “in camera” hearing, which is a private hearing held in the judge’s chambers. The victim and all parties have the right to attend and be heard. The judge will review the proposed evidence and arguments to determine whether it meets the strict requirements for admissibility. The record of this hearing also remains sealed unless the court orders otherwise.