Rule 412 - 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 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.Adopted effective 1/1/2015.Maine Restyling Note [November 2014]
Maine's Rule 412 has generally followed its federal counterpart, but has differed in some respects in both structure and substance. The main differences are the ban on reputation and opinion evidence in the Maine Rule and the omission in the Maine Rule of any special procedure to determine admissibility. The proposed restyled version follows the federal version more closely, and deals with the prohibition of reputation and opinion evidence by making it clear that the only kind of evidence of sexual behavior that can be admitted under the Rule is evidence of specific acts that meets the requirements of subsection (b). The restyled Maine Rule follows the existing Rule in omitting any special procedure for determining admissibility.
Federal Advisory Committee Note
The language of Rule 412 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
.