Also known as:rape-shield rule · rape shield · Rule 412 · rape shield statute
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence that generally bars the introduction of evidence concerning an alleged victim's other sexual behavior or sexual predisposition in any civil or criminal case involving alleged sexual misconduct. The prohibition prevents propensity inferences about consent or credibility. Narrow exceptions exist in criminal cases for specific instances of sexual behavior with the defendant offered to prove consent, evidence showing the source of physical findings, or proof required by constitutional rights. In civil cases admission requires that probative value substantially outweigh harm to the victim and unfair prejudice.
Sources & Authorities· 2 primary sources
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Federal Rules
Casebooks
How it applies
Common Examples
2
Prior Relationships With Other Guests
Ruby Rivera, a hotel housekeeper, sues conference speaker Ravi Reddy after alleging he sexually assaulted her in his suite. Reddy seeks to introduce testimony that Rivera previously had consensual sexual relationships with other hotel guests to support his claim of mutual flirtation and consent. The court excludes the evidence because it concerns the victim's other sexual behavior and predisposition offered to prove consent in a case involving alleged sexual misconduct.
Prior Conduct With The Accused
Rhea Reynolds, a junior programmer at a virtual reality startup, accuses senior engineer Ralph Richardson of sexually assaulting her after a late-night office party. Richardson moves to introduce evidence that Reynolds previously engaged in sexually explicit online gaming and messaging with him over several months. The court admits the evidence because it consists of specific instances of the victim's sexual behavior with the defendant offered to prove consent.
Roundtree v. United States581 A.2d 315, 320 (D.C. App. 1990)
Common questions
Frequently Asked
4
What does the rape shield rule generally prohibit in sexual misconduct cases?+
The rule bars evidence offered to prove that an alleged victim engaged in other sexual behavior or to prove the victim's sexual predisposition. This default exclusion applies in both civil and criminal proceedings involving alleged sexual misconduct.
Supporting sources
When may evidence of a victim's prior sexual conduct with the defendant be admitted?+
In criminal cases the rule creates a narrow exception allowing specific instances of the victim's sexual behavior with the defendant when offered by the accused to prove consent. The evidence must still satisfy procedural requirements and ordinary balancing tests.
Does the rape shield rule apply differently in civil versus criminal sexual misconduct cases?+
The core prohibition on other sexual behavior and predisposition evidence applies in both settings. In civil cases any admissible evidence must still meet a heightened standard requiring that its probative value substantially outweigh harm to the victim and unfair prejudice.
Supporting sources
Can a defendant introduce evidence of the victim's sexual history to show the source of physical evidence?+
Yes. In criminal cases the rule expressly 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.
Supporting sources
EvidenceRelevancy and reasons for excluding relevant evidence · Character and related conceptsUBEIntermediate