WA · rules
Wash. R. Evid. 412
Sexual Offenses--Victim's Past Behavior
(a) Criminal Cases. [Reserved. See RCW 9A.44.020.]
(b) Civil Cases; Evidence Generally Inadmissible. The following evidence is not
admissible in any civil proceeding involving alleged sexual misconduct except as provided in
sections (c) and (d):
(1) Evidence offered to prove that any alleged victim engaged in other sexual behavior.
(2) Evidence offered to prove any alleged victim's sexual predisposition.
(c) Exceptions. In a civil case, evidence offered to prove the sexual behavior or sexual
predisposition of any alleged victim is admissible if it is otherwise admissible under these rules
and its probative value substantially outweighs the danger of harm to any victim and of unfair
prejudice to any party. Evidence of an alleged victim's reputation is admissible only if it has been
placed in controversy by the alleged victim.
(d) Procedure to determine admissibility.
(1) A party intending to offer evidence under section (c) must:
(A) file a written motion at least 14 days before trial specifically describing the evidence
and stating the purpose for which it is offered unless the court, for good cause, requires a
different time for filing or permits filing during trial; and
(B) serve the motion on all parties and notify the alleged victim or, when appropriate, the
alleged victim's guardian or representative.
(2) Before admitting evidence under this rule the court must conduct a hearing in camera
and afford the victim and parties a right to attend and be heard. The motion, related papers, and
the record of the hearing must be sealed and remain under seal unless the court orders otherwise.
History
[Adopted effective September 1, 1988; Amended effective September 1, 2003.] Comment 412 [Deleted effective September 1, 2003.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
bf9e7eb060db543c86daea7b95185ca2c582bfde626bb8140641df3ed8e69267
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