victim shield rules

Question 1

generally under rule 412: Bars in any proceeding involving alleged sexual misconduct:

Answer 1

• Evidence of other sexual behavior of the victim
• Evidence of sexual predisposition (character/personality)

Question 2

Barred Evidence Examples

Answer 2

• Mode of dress, speech, lifestyle (e.g., clothing as “inviting behavior”)
• Fantasies or dreams

-Use of contraceptives, children born out of wedlock, STDs

Question 3

Exceptions in Criminal Cases - The court may admit evidence of ___ ____

Answer 3

specific instances

Question 4

Exceptions in Criminal Cases - The court may admit evidence of examples (3) (a)

Answer 4

• specific instances with another person to prove someone else other than the defendant was the source of injury
• specific instances with the defendant – if offered:
  By defendant → to prove consent based on prior interactions.
  (a) by prosecutor often to show prior relations were problematic
• e required by the Constitution – exclusion cannot violate due process

Question 5

Presumption in civil cases of victims sexual history

Answer 5

Evidence of victim’s sexual history is excluded UNLESS
- Evidence admissible only if probative value substantially outweighs harm to victim or unfair prejudice.

Question 6

In criminal cases involving sexual assault, evidence that the defendant committed any other sexual assault

Answer 6

may be admitted.

Question 7

In criminal cases involving child molestation, evidence of any other child molestation

Answer 7

may be admitted