ME · rules
M.R. Evid. 412
SEX-OFFENSE CASES: THE VICTIM’S SEXUAL BEHAVIOR OR PREDISPOSITION
(a) Prohibited uses. The following evidence is not admissible in a civil or
criminal proceeding involving alleged sexual misconduct:
(1) Evidence offered to prove that an alleged victim engaged in other
sexual behavior; or
(2) Evidence offered to prove an alleged victim’s sexual predisposition.
(b) Exceptions.
(1) Criminal cases. The court may admit the following evidence in a
criminal case:
(A) Evidence of specific instances of an alleged victim’s sexual
behavior, if offered to prove that someone other than the
defendant was the source of semen, injury, or other physical
evidence;
(B) Evidence of specific instances of an alleged victim’s sexual
behavior with respect to the person accused of the sexual
misconduct, if offered by the defendant to prove consent or
if offered by the prosecutor; and
(C) Evidence whose exclusion would violate the defendant’s
constitutional rights.
(2) Civil cases. In a civil case, the court may admit evidence of specific
instances of sexual behavior by an alleged victim offered to prove
an alleged victim’s sexual behavior or sexual predisposition if its
probative value substantially outweighs the danger of harm to any
victim and of unfair prejudice to any party.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
16db55770537574060ec3db9d2e465ad0acae1785d64e18a6906f9ca6a835fe8
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