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Rule 412. ?Admissibility of Victim's Sexual Behavioror Predisposition ?????????????????


(a) Prohibited Uses. The following evidence is not admissible in a criminalproceeding involving alleged sexual misconduct:


??????? (1) evidence offered to prove thata victimengaged in other sexual behavior;or


??????? (2) evidence offered to prove avictim?s sexual predisposition.


(b) Exceptions. The court may admit the following evidence if the evidence is otherwise admissible under these rules:


??????? (1) evidence of specific instancesof a victim's sexual behavior, if offered to prove that someoneother than the defendantwasthe source of semen, injury,or other physicalevidence;


????????? (2) evidence of specific instances of a victim?s sexual behavior with respectto the person accused of the sexual misconduct, if offeredbythe defendant to prove consentor if offered by the prosecutor; or


????????? (3) evidence whose exclusion would violate the defendant's constitutional rights.


(c) Procedure to Determine Admissibility.


????????? (1) Motion. If a party intends to offer evidenceunder Rule 412(b), the party must:


????????????????????? (A) file a motion that specifically describes the evidenceand states the purpose for which it is to be offered;


????????????????????? (B) do so at least 14 days beforetrialunless the court,for good cause, sets adifferenttime; and


????????????????????? (C) serve the motion on all parties.


????????? (2) Notice to the Victim.The prosecutor shall timely notify the victim or, when appropriate, the victim's guardian or representative.


? ????????? (3) Hearing. Before admitting evidence under this rule,the court must conductan in camera hearing and give the victimand parties a right to attendandbe heard. Unless the court ordersotherwise, the motion, related materials, and the recordof the hearing are classified as protected.


(d) Definition of "Victim." In this rule, "victim" includes an alleged victim.


2016 Advisory Committee Note. ?The 2016 amendment changes the classification of records described in subparagraph (c)(3) from sea led to protected. SeeCJA Rule 4-202.02.


Effective May 1, 2017