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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. The court may admit evidence of a victim’s reputation only if the victim has placed it in controversy. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed. However, this evidence is subject to the requirements of Rule 404. As amended, Rule 412 bars evidence offered to prove the victim's sexual behavior and alleged sexual predisposition.
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. 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. 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. 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. Evidence offered to prove allegedly false prior claims by the victim is not barred by Rule 412.
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In order to address its responsibilities under Title IX and the VAWA, the university has implemented these reporting and response standards and protocols specifically to address incidents of Sexual Misconduct and Relationship Violence.
The reference to a person “accused” is also used in a non-technical sense.
Rule 412 will, however, apply in a Title VII action in which the plaintiff has alleged sexual harassment.
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