What is the function of Rule 412 about sexual conduct of a victim?

• A. The testimony or evidence about a victim’s sexual behavior or predisposition is generally excluded, with narrow exceptions.
• B. It is always admissible to prove consent.
• C. It is never admissible, even with exceptions.
• D. It is admissible to show the victim's character for chastity.

Answer: (A)

Rule 412 acts as a shield for victims, generally preventing testimony or evidence about a victim’s sexual behavior or predisposition in cases involving sexual misconduct. This keeps the focus on the defendant’s conduct and helps protect the victim from prejudice, stereotypes, or unfounded inferences about character. However, the rule does allow narrowly tailored exceptions. For instance, specific acts of the victim’s sexual behavior may be admitted if they relate to consent in circumstances where consent is a contested issue, and evidence may be admitted to show that someone other than the defendant was the source of semen, pregnancy, or disease. Courts weigh the probative value of such evidence against the risk of harm, bias, or unfair prejudice, applying the exceptions sparingly. In short, the function is to prevent broad intrusions into a victim’s sexual history while permitting limited, justified evidence for particular purposes.