Prior Sexual Behavior (N.C.R. Evid. 412)
"Pursuant to Rule 412, evidence of the prior sexual history of the victim is irrelevant in most instances. However, upon a finding by the trial court that certain evidence is relevant because it falls into one of the exceptions under Rule 412, or if the evidence falls outside of the rule, a Rule 403 balancing of probative value versus unfair prejudice should be utilized in the court's discretion. In re K.W., 192 N.C. App. 646, 649, 666 S.E.2d 490, 493 (2008).
"Rule 412 provides that evidence of sexual behavior of the complainant is irrelevant unless it falls within one of four categories listed in the rule. State v. Guthrie, 110 N.C. App. 91, 93, 428 S.E.2d 853, 854, disc. review denied, 333 N.C. 793, 431 S.E.2d 28 (1993).
"The rape shield statute, codified in Rule 412 of our Rules of Evidence, is only concerned with the sexual activity of the complainant. Accordingly, the rule only excludes evidence of the actual sexual history of the complainant; it does not apply to false accusations or to language or conversations whose topic might be sexual behavior. State v. Thompson, 139 N.C. App. 299, 309, 533 S.E.2d 834, 841 (2000) (citations omitted).
"When a defendant wishes to present evidence falling within the scope of Rule 412, he must first apply to the court for a determination of the relevance of the sexual behavior to which it relates. The trial court is then required to conduct an in camera hearing . . . to consider the proponent's offer of proof and the argument of counsel .... The defendant bears the burden of establish the basis of admissibility of such evidence. State v. Cook, 195 N.C. App. 230, 237, 672 S.E.2d 25, 30 (2009) (citations and quotation marks omitted).