§ RULE 412 PAST CONDUCT OF VICTIM OF CERTAIN SEX OFFENSES

Codes > Minnesota Statutes > Rules of > Article 4 > RULE 412

RULE 412. PAST CONDUCT OF VICTIM OF CERTAIN SEX OFFENSES

    (1) In a prosecution for acts of criminal sexual conduct, including attempts or any act of criminal sexual predatory conduct, evidence of the victim's previous sexual conduct shall not be admitted nor shall any reference to such conduct be made in the presence of the jury, except by court order under the procedure provided in rule 412. Such evidence can be admissible only if the probative value of the evidence is not substantially outweighed by its inflammatory or prejudicial nature and only in the following circumstances:

        (A) When consent of the victim is a defense in the case,

            (i) evidence of the victim's previous sexual conduct tending to establish a common scheme or plan of similar sexual conduct under circumstances similar to the case at issue, relevant and material to the issue of consent;

            (ii) evidence of the victim's previous sexual conduct with the accused; or

        (B) When the prosecution's case includes evidence of semen, pregnancy or disease at the time of the incident or, in the case of pregnancy, between the time of the incident and trial, evidence of specific instances of the victim's previous sexual conduct, to show the source of the semen, pregnancy or disease.

    (2) The accused may not offer evidence described in rule 412(1) except pursuant to the following procedure:

        (A) A motion shall be made by the accused prior to the trial, unless later for good cause shown, setting out with particularity the offer of proof of the evidence that the accused intends to offer, relative to the previous sexual conduct of the victim.

        (B) If the court deems the offer of proof sufficient, the court shall order a hearing out of the presence of the jury, if any, and in such hearing shall allow the accused to make a full presentation of the offer of proof.

        (C) At the conclusion of the hearing, if the court finds that the evidence proposed to be offered by the accused regarding the previous sexual conduct of the victim is admissible under the provisions of rule 412(1) and that its probative value is not substantially outweighed by its inflammatory or prejudicial nature, the court shall make an order stating the extent to which such evidence is admissible. The accused may then offer evidence pursuant to the order of the court.

        (D) If new information is discovered after the date of the hearing or during the course of trial, which may make evidence  described in rule 412(1) admissible, the accused may make an offer of proof pursuant to rule 412(2), and the court shall hold an in camera hearing to determine whether the proposed evidence is admissible by the standards herein.