Rule 412 - Evidence of Prior Sexual Activity(a) Except as constitutionally required, and then only in the manner provided in (b), below, evidence of prior consensual sexual activity between the victim and any person other than the defendant shall not be admitted into evidence in any prosecution or in any pretrial discovery proceeding undertaken in anticipation of a prosecution under the laws of this state. (b) Upon motion by the defense filed in accordance with the then applicable Rules of Court, the defense shall be given an opportunity to demonstrate, during a hearing in chambers, in the manner provided for in Rule 104: (1)Evidence Sought During Pretrial Discovery Stage: that there is a reasonable possibility that the information sought in a pretrial discovery proceeding which would otherwise be excluded under subsection (a), above, will produce the type of evidence that due process will require to be admitted at trial; (2)Use of Evidence At Trial: that due process requires the admission of the evidence proffered by the defense which would be otherwise excluded under subsection (a), above, and the probative value in the context of the case in issue outweighs its prejudicial effect on the victim. 2016 NHRE Update Committee Note
No change was made to New Hampshire Rule of Evidence 412 by supreme court order dated April 20, 2017, effective July 1, 2017, because the New Hampshire Rule is specific to New Hampshire and was originally drafted to comply with RSA 632-A:6 as interpreted by case law. The federal rule was not recommended by the Update Committee for the reasons stated in the original Reporter's Notes.