Kentucky · Snapshot 09/05/2026

KRE 412: Rape and similar cases -- Admissibility of victim's character and behavior

(a) Evidence generally inadmissible. The following evidence is not admissible in any
civil or criminal proceeding involving alleged sexual misconduct except as provided
in subdivisions (b) and (c):
(1) Evidence offered to prove that any alleged victim enga ged in other sexual
behavior.
(2) Evidence offered to prove any alleged victim's sexual predisposition.
(b) Exceptions:
(1) In a criminal case, the following evidence is admissible, if otherwise
admissible under these rules:
(A) evidence of specific instan ces of sexual behavior by the alleged victim
offered to prove that a person other than the accused was the source of
semen, injury, or other physical evidence;
(B) evidence of specific instances of sexual behavior by the alleged victim
with respect to the person accused of the sexual misconduct offered by
the accused to prove consent or by the prosecution; and
(C) any other evidence directly pertaining to the offense charged.
(2) 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.
(c) Procedure to determine admissibility.
(1) A party intending to offer evidence under subdivision (b) must:
(A) file a written motion at least fourteen (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 partie s 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.

Where this section sits in the code

KENTUCKY RULES OF EVIDENCE ----- Legislative Research Commission Note (7/1/92). Although denominated "rules," the elements of the Kentucky Rules of Evidence were enacted as statutes by the Kentucky General Assembly. See 1990 Ky. Acts ch. 88; 1992 Ky. Acts ch. 324. Originally codified as KRS Chapter 422A in 1990, the Kentucky Rules of Evidence were renumbered by the Reviser of Statutes, effective July 1, 1992, pursuant to 1992 Ky. Acts ch. 324, sec. 34. By an order dated May 12, 1992, the Kentucky Supreme Court "adopt[ed] so much of the Kentucky Rules of Evidence as enacted by HB 241 [1992 Ky. Acts ch. 324] as comes within the rule making power of the Court, pursuant to Ky. Const. sec. 116."

(a) Evidence generally inadmissible. The following evidence is not admissible in any

civil or criminal proceeding involving alleged sexual misconduct except as provided

in subdivisions (b) and (c):

(1) Evidence offered to prove that any alleged victim enga ged in other sexual

behavior.

(2) Evidence offered to prove any alleged victim's sexual predisposition.

(b) Exceptions:

(1) In a criminal case, the following evidence is admissible, if otherwise

admissible under these rules:

(A) evidence of specific instan ces of sexual behavior by the alleged victim

offered to prove that a person other than the accused was the source of

semen, injury, or other physical evidence;

(B) evidence of specific instances of sexual behavior by the alleged victim

with respect to the person accused of the sexual misconduct offered by

the accused to prove consent or by the prosecution; and

(2) 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.

(1) A party intending to offer evidence under subdivision (b) must:

(A) file a written motion at least fourteen (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 partie s 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.

Collected 2026-09-05T21:00:10Z. Source file · JSON

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