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ME · rules

M.R. Evid. 412

SEX-OFFENSE CASES: THE VICTIM’S SEXUAL BEHAVIOR OR PREDISPOSITION

activein force · 2018-08-01 – presentact-effective-date

(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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