SEX-OFFENSE CASES: THE VICTIM’S

SEXUAL BEHAVIOR OR PREDISPOSITION (a) Prohibited uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) Evidence offered to prove that an alleged victim engaged in other sexual behavior; or (2) Evidence offered to prove an alleged victim’s sexual predisposition. (b) Exceptions. (1) Criminal cases. The court may admit the following evidence in a criminal case: (A) Evidence of specific instances of an alleged victim’s sexual behavior, if offered to prove that someone other than the 17 defendant was the source of semen, injury, or other physical evidence; (B) Evidence of specific instances of an alleged victim’s sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor; and (C) Evidence whose exclusion would violate the defendant’s constitutional rights. (2) Civil cases. In a civil case, the court may admit evidence of specific instances of sexual behavior by an alleged victim offered to prove an alleged victim’s sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.