Rule 412: Rape Cases; Relevance of Victim’s… | DE Evidence

Omitted.

This rule was intentionally left out of the Delaware Rules of Evidence. Delaware handles this topic through other laws instead.

If you are involved in a rape or sexual assault case and have questions about what evidence can be used, you should speak with a lawyer. Delaware has separate statutes that cover what can and cannot be said about a victim's past sexual behavior in court.

Summary generated March 12, 2026

Rule 412, adopted by Congress in 1978 (Pub. L. 95-540), was not recommended for adoption in Delaware because this area of law is adequately covered by 11 Del. C. §§ 3508 and 3509. See Rules 404(a)(2) and 608(a). The pre-2017 “Comment” to D.R.E. 412 was revised only as necessary to reflect the 2017 amendments. There is no intent to change any result in ruling on evidence admissibility.

Rule 412 Rape Cases; Relevance of Victim’s Past Behavior [Omitted]