§ Rule 412 Evidence of Past Sexual Conduct

Codes > Indiana Code > Title 34 > Indiana Rules : Article IV > Rule 412

Rule 412. Evidence of Past Sexual Conduct

    (a) In a prosecution for a sex crime, evidence of the past sexual conduct of a victim or witness may not be admitted, except:

        (1) evidence of the victim's or of a witness's past sexual conduct with the defendant;

        (2) evidence which shows that some person other than the defendant committed the act upon which the prosecution is founded;

        (3) evidence that the victim's pregnancy at the time of trial was not caused by the defendant; or

        (4) evidence of conviction for a crime to impeach under Rule 609.

    (b) If a party proposes to offer evidence under this rule, the following procedure must be followed:

        (1) A written motion must be filed at least ten days before trial describing the evidence. For good cause, a party may file such motion less than ten days before trial.

        (2) The court shall conduct a hearing and issue an order stating what evidence may be introduced and the nature of the questions to be permitted.

    (c) If the state acknowledges that the victim's pregnancy is not due to the conduct of the defendant, the court may instruct the jury accordingly, in which case other evidence concerning the pregnancy may not be admitted.