Rule 11-412 Sex crimes; testimony; limitations; in camera hearing.

This rule limits when a victim's past sexual behavior can be brought up in court during a sex crime case. In general, this kind of evidence is not allowed. A person accused of sexual misconduct cannot use evidence about the victim's past sexual activity or try to argue the victim was somehow "predisposed" to certain sexual behavior. This protects victims from being unfairly judged based on their past.

There is a narrow exception. A judge can allow this evidence if it is truly relevant to the case and if its value to the case is greater than the harm or unfair bias it might cause. But the person accused cannot just bring this evidence up in court without warning. They have to file a written request before the trial starts, explaining what evidence they want to use and why.

Before the judge decides whether to allow the evidence, the judge holds a private hearing, without the jury present, to review it. If the judge decides the evidence can be used, the judge writes an order explaining exactly what can be discussed and what questions can be asked. To protect the victim's privacy, all the paperwork and the hearing record are normally kept sealed, meaning the public cannot see them unless the judge decides otherwise.

If new information comes up during the trial itself, the defense has to tell the judge right away, but still outside the jury's hearing, so the judge can decide how to handle it before anything is said in front of the jury.