P.R. Laws Ap. tit. 32A, § IV, Rule 21a
(A) In any civil action in which conduct that constitutes sexual harassment is alleged, no evidence, whether of opinion or reputation or specific facts furnished by the defendant party shall be admitted regarding the sexual conduct of the plaintiff party, to establish consent or the non-existence of damages, unless there are special circumstances that indicate that said evidence is pertinent and that its libelous or damaging nature shall not have greater weight than its probative value.
(B) The provisions of subsection (A) of this Rule shall not be applicable to evidence regarding the sexual conduct of the plaintiff party with the harasser.
(C) If the plaintiff party submits evidence regarding his/her sexual conduct, including his/her own testimony or that of any other person, the defendant party may cross-examine the witness or the party who furnishes said information and submit pertinent evidence, limited specifically to rebut the evidence submitted or introduced by the plaintiff party.
(D) Nothing that is provided in this Rule shall affect the admissibility of any evidence submitted to contest the credibility of a witness, pursuant to Rule 45 of Evidence.
The determination as to the admissibility of evidence of opinion or reputation, or specific facts regarding the sexual conduct of the plaintiff party, shall be made by any Judge other than the one who intervenes in the consideration of the merits of the claim. In the hearing on admissibility, the procedure set forth below shall be followed:
(1) The defendant shall file a written motion to the Court and shall notify the plaintiff party, indicating the evidence to be set forth and its relevance, to challenge the credibility or to establish the consent of the plaintiff party regarding the evidence set forth by the defendant.
(2) Upon the conclusion of the hearing, if the Court determines that the evidence to be submitted by the defendant is relevant, and that its libelous and damaging nature shall not have greater weight than its probative value, it shall issue an order indicating the evidence that can be allowed by the defendant, then the latter may submit evidence in accordance to the Court order.
History —Rules of Evidence, 1979, added as Rule 21-A on Jan. 10, 1998, No. 16, § 1.