Rule 412 Admissibility of Evidence Concerning Victim's Sexual Conduct in Criminal Sexual Conduct Cases

This rule limits what a defendant can bring up about a victim's past sexual history in cases involving criminal sexual conduct or assault with intent to commit criminal sexual conduct. In most cases, evidence about the victim's prior sexual behavior or history cannot be used in court. This is often called a "rape shield" protection because it stops the victim's past sex life from becoming the focus of the trial.

The rule points to a specific South Carolina law, section 16-3-659.1, which spells out the exact situations where this kind of evidence might still be allowed. That law sets strict conditions and usually requires the judge to review the evidence privately before deciding if the jury can hear it.

For someone involved in one of these cases, this means the victim is protected from having their personal sexual history dragged into court without good reason. It also means the defense has a limited path to introduce this kind of evidence, but only if they follow the specific rules and procedures the law requires.