Evidence · Lesson 13
Rape Shield (Rule 412)
這一課問的是：被害人先前性行為是否可採？適用何種 412 例外？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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Rule 412
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Generally excludes evidence of victim's other sexual behavior or predisposition.
412 性侵盾。
412(b)(1)(A)
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Specific instances by V with someone other than D to prove source.
412(b)(1)(A) 例外。
412(b)(1)(B)
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Specific instances by V with D for consent.
412(b)(1)(B) 例外。
412(b)(1)(C)
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Constitutional rights of defendant.
412(b)(1)(C) 憲法權利。
in camera hearing
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Required before admitting.
封閉式聽證。
Rule Sentence · the workhorse
Under Rule 412 (the rape shield), evidence offered to prove the alleged victim's other sexual behavior or sexual predisposition is generally inadmissible, with narrow exceptions for specific instances showing source of physical evidence, prior sexual behavior between victim and defendant on consent, and evidence whose exclusion would violate the defendant's constitutional rights.
Mini IRAC · build the Application
Issue. May D introduce evidence that V had a prior consensual encounter with D one week before the alleged sexual assault, to show consent on the night in question?
Rule. Rule 412(b)(1)(B) permits evidence of specific instances of sexual behavior between the victim and the defendant offered to prove consent.
Application (model). D seeks to introduce evidence of V's prior consensual encounter with D, offered to prove V's consent on the night of the alleged assault. Because Rule 412(b)(1)(B) admits prior sexual behavior between victim and defendant when offered to prove consent, the fact that the prior encounter was between the same two parties and is offered on the question of consent means the evidence fits within the exception.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the evidence is admissible subject to Rule 412(c) procedure (notice + in camera hearing).
Practice Drill · tap to build the rule
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