NC · jury_instructions
N.C.P.I.—Crim. 105.31
RAPE OR SEX OFFENSE CASES-RELEVANCE OF VICTIM'S PAST BEHAVIOR.
Evidence1 has been received concerning prior sexual behavior2 of
the victim. You may consider this evidence only as it may tend to show
[that such behavior was between the victim and the defendant];
[that the act(s) charged [was] [were] not committed by the
defendant];
[that the victim consented to the act(s) charged];
[that the victim behaved in such a manner as to lead the defendant
to believe that the victim consented];
[that as the basis of expert psychological or psychiatric opinion, the
victim fantasized or invented the act(s) charged].
If you believe this evidence, you may consider it only for the
limited purpose for which it was received.
NOTE WELL: This instruction may properly be given
either at the time the evidence is received or in the
charge, or both.
History
N.C.P.I.—Crim. 105.31 (June 2011). N.C. Gen. Stat. § 8C-1, RULE 412(a); (b)(1), (2), (3) & (4). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
10b4f138a59fd456675085603e666cb92e1a52d4b81a06dedd3bab7a60f4be60
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