Rape Shield Law Flashcards
What does Rule 12 Bar most evidence from?
An alleged victims Prior Sexual Acts or Sexual Reputation. Rule 412
What type of cases does Rule 412 apply in?
Applies only in cases of sexual misconduct
What are criminal Case Exceptions the court may….in Rule 412?
Prior Sexual Conduct Explains Physical Evidence
Prior Sexual Conduct between Defendant and alleged victim
Necessary to Protect Defendants Constitutional Rights
Reverse 403 Standard for Civil Case Exception
Given that Rule 404 prohibits propensity evidence then why is Rule 412 necessary?
Rule 404 has two opportunities for defense attorneys to admit evidence of a rape victims sexual reputation or past sexual history.
Review: Rule 404(a)(B) allows….
the defendant in a criminal case to offer evidence of an alleged victims pertinent trait. This language applies to prosecutions as well as those for homicide, robbery, fraud, or any criminal act.
What does the Rape Shield Laws preclude?
Evidence of Sexual Reputation and prior sexual acts when that evidence aims primarily at tarnishing the alleged victims character.
How many parts does Rule 412 have?
three
What does section (a) declare of Rule 412?
a general prohibition against using evidence of an alleged victims past sexual behavior or reputation
What does section (b) declare of Rule 412?
recognizes several exceptions to that general rule
What does section (c) declare of Rule 412?
establishes procedural guidelines to protect privacy while judges determine admissibility of evidence under the exceptions.
What are the prohibited uses under 412(a)?
Sexual Behavior or Predisposition is not admissible in a civil or criminal proceeding involving sexual misconduct.
(1) evidence offered to prove that a victim engaged in other sexual behavior, or
(2) evidence offered to prove a victims sexual predisposition.
What do Rule 412 and 410 have in common?
410 bars evidence related to plea bargaining. Rather then prohibiting evidence only when offered for a particular purpose, these rules bar their designated types of evidence when offered for any purpose except outlined in a few narrow exceptions
What are the exceptions under Rule 412(b)?
(b) exceptions
(1) Criminal Cases. The ct may admit in a criminal case:
(A) specific instances of a victims sexual behavior IF offered to prove that someone other then the defendant was the source of semen, injury or other physical evidence
(B) specific instances of a victims sexual behavior with respect to the person accused of sexual misconduct.
if offered by the D to prove consent or
IF offered by the prosecutor (note here that D can only bring for one purpose to prove consent, whereas P can bring for ANY purpose.
(C) evidence to exclude would violate Ds constitutional rights
Does the exceptions override the prohibitions of Rules 404?
No, ALL evidence under Rule 412 remain subject to Rule 403s balancing test
What is the single exception for civil cases pursuant to Rule 412?
in a civil case the court may admit evidence offered to prove a victims sexual behavior or sexual predisposition if its probative value substantially outweighs the danger
of harm to the victim and
of unfair prejudice to any party
The ct may admit evidence of a victims reputation only if the victim has placed it into controversy.
