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

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.