The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:
evidence offered to prove that a victim engaged in other sexual behavior; or
evidence offered to prove a victim’s sexual predisposition.
Procedure to Determine Admissibility.
Motion. If a party intends to offer evidence under Rule 412(b), the party must:
file a motion that specifically describes the evidence and states the purpose for which it is to be offered;
do so at least 14 days before trial unless the court, for good cause, sets a different time;
serve the motion on all parties; and
notify the victim or, when appropriate, the victim’s guardian or representative.
Hearing. 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. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed.
[Pub. L. 95–540, § 2(a)], Oct. 28, 1978, [92 Stat. 2046]; amended [Pub. L. 100–690, title VII, § 7046(a)], Nov. 18, 1988, [102 Stat. 4400]; Apr. 29, 1994, eff. Dec. 1, 1994; [Pub. L. 103–322, title IV, § 40141(b)], Sept. 13, 1994, [108 Stat. 1919]; Apr. 26, 2011, eff. Dec. 1, 2011.)