Rule 412 - [Effective 1/1/2025] The Victim's Sexual Behavior or Predisposition in Non-Criminal Cases (a)Prohibited Uses. In proceedings involving alleged sexual misconduct where A.R.S. § 13-1421 does not apply, the following evidence is not admissible: (1) evidence offered to prove that a victim engaged in other sexual behavior; or (2) evidence offered to prove a victim's sexual predisposition. (b)Exceptions. The court may admit evidence offered to prove a 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. The court may admit evidence of a victim's reputation only if the victim has placed it in controversy.Amended Aug. 22, 2024, effective 1/1/2025.COMMENT TO 2012 AMENDMENT
Federal Rule of Evidence 412 has not been adopted. See A.R.S. § 13-1421 (Evidence relating to victim's chastity; pretrial hearing).
Comment to 2025 Amendment
Rule 412 was adopted effective January 1, 2025, to conform to Federal Rule of Evidence 412 in cases where A.R.S. § 13-1421 (Evidence relating to victim's chastity; pretrial hearing) does not apply.