How does Rule 412(a) change Rule 404? Mercy Rule –R 412 prevents D from offering Victim propensity evidence. 404(b) –R 412 prevents use of prior victim conduct (“prior sexual behavior) even if it is not being used for propensity.
What are the “Criminal Case Exceptions” under Rule 412(b)(1)? (A) Other source of physical evidence; (B) Consent (Narrow); (B) Offered by the prosecution (Indecipherable); and (C) Constitutionally required.
(A) Other source of physical evidence: Specific acts To show alternative source of: –Physical evidence, such as Semen, or Injury
(B) Consent: Specific acts With the accused To show consent
(B) Offered by the Prosecution: Specific acts With the accused Offered by the prosecutor
(C) Constitutionally Required Any evidence that it would be unconstitutional to exclude
What is the “Civil Case Exception”? Sexual –Behavior, or –Predisposition If –Otherwise admissible, and –Passes Special Balancing Test But –No reputation –Unless victim opens the door