Also known as: rape shield rule · rape-shield rule · rape-shield rules · rape shield law · rape shield statute · Rule 412
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence that generally bars proof of an alleged victim's other sexual behavior or sexual predisposition in any case involving alleged sexual misconduct. The prohibition applies in both civil and criminal proceedings and admits only narrow exceptions such as specific instances of the victim's sexual behavior with the accused when offered to prove consent or evidence required to protect a defendant's constitutional rights. In civil cases any admissible evidence must also satisfy a heightened balancing test that strongly favors exclusion.
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Robert Rivera stands trial for sexually assaulting Renata Russo after a late-night office meeting. Rivera seeks to introduce explicit group-text messages that Russo exchanged with industry colleagues to portray her as sexually aggressive and therefore likely to have consented. The court excludes the messages because they constitute evidence of the victim's sexual predisposition offered to prove consent on the charged occasion.
Riley Rivera sues her shift manager for sexual assault in a hospital call room. The defense offers testimony that Riley previously had consensual relationships with other hospital staff to suggest she was the aggressor. The court excludes the testimony because it is evidence of the victim's other sexual behavior offered to prove consent or aggression in a civil sexual-misconduct case.
The rape shield rule creates a narrow exception in criminal cases for specific instances of the victim's sexual behavior with the defendant when offered to prove consent. The evidence must still satisfy ordinary relevance and balancing requirements and follow the procedural notice rules of Rule 412(c).
Yes. The rule bars evidence of a victim's other sexual behavior or sexual predisposition in any proceeding involving alleged sexual misconduct, including civil suits. Admission is possible only if the probative value substantially outweighs the danger of harm to the victim and unfair prejudice.
Yes. In criminal cases Rule 412(b)(1)(A) permits 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 found in a rape kit.
The evidence is admissible only if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. Evidence offered merely to suggest propensity for consent almost never meets this standard.