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The terminology “alleged victim” is used because there will frequently be a factual dispute as to whether sexual misconduct occurred. The witness will, however, be protected by other rules such as Rules 404 and 608, as well as Rule 403.Privacy Policy - No tolerance for copyright infringement or underage, if you find a link to such sites, please report for removing.

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Rule 412 will, however, apply in a Title VII action in which the plaintiff has alleged sexual harassment.This amendment is designed to exclude evidence that does not directly refer to sexual activities or thoughts but that the proponent believes may have a sexual connotation for the factfinder.Admission of such evidence would contravene Rule 412's objectives of shielding the alleged victim from potential embarrassment and safeguarding the victim against stereotypical thinking.As amended, Rule 412 will be virtually unchanged in criminal cases, but will provide protection to any person alleged to be a victim of sexual misconduct regardless of the charge actually brought against an accused. In a criminal case, evidence may be admitted under subdivision (b)(1) pursuant to three possible exceptions, provided the evidence also satisfies other requirements for admissibility specified in the Federal Rules of Evidence, including Rule 403.Subdivisions (b)(1)(A) and (b)(1)(B) require proof in the form of specific instances of sexual behavior in recognition of the limited probative value and dubious reliability of evidence of reputation or evidence in the form of an opinion.

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