Rule 412 Prior Sexual Activity or Reputation as Evidence

In both criminal and civil cases, a person's past sexual activity or sexual reputation generally cannot be used as evidence in court. This rule is meant to protect people who say they were victims of a sexual offense from having their personal lives put on trial.

There are some exceptions to this rule, but they are limited and controlled by other laws. In criminal cases, those exceptions are spelled out in Illinois criminal procedure law. In civil cases, a different section of Illinois civil procedure law controls when exceptions might apply.

The main point is that just because someone has a certain sexual history or reputation does not make that information fair game in court. The focus should stay on the facts of the case, not on the victim's personal life.