{"data":{"id":"us-ky/kre-412","jurisdiction":"us-ky","citation":"KRE 412","heading":"Rape and similar cases -- Admissibility of victim's character and behavior","body":"(a) Evidence generally inadmissible. The following evidence is not admissible in any\ncivil or criminal proceeding involving alleged sexual misconduct except as provided\nin subdivisions (b) and (c):\n(1) Evidence offered to prove that any alleged victim enga ged in other sexual\nbehavior.\n(2) Evidence offered to prove any alleged victim's sexual predisposition.\n(b) Exceptions:\n(1) In a criminal case, the following evidence is admissible, if otherwise\nadmissible under these rules:\n(A) evidence of specific instan ces of sexual behavior by the alleged victim\noffered to prove that a person other than the accused was the source of\nsemen, injury, or other physical evidence;\n(B) evidence of specific instances of sexual behavior by the alleged victim\nwith respect to the person accused of the sexual misconduct offered by\nthe accused to prove consent or by the prosecution; and\n(C) any other evidence directly pertaining to the offense charged.\n(2) In a civil case, evidence offered to prove the sexual behavior or sexual\npredisposition of any alleged victim is admissible if it is otherwise admissible\nunder these rules and its probative value substantially outweighs the danger of\nharm to any victim and of unfair prejudice to any party. Evidence of an\nalleged victim's reputation is admissible only if it has been placed in\ncontroversy by the alleged victim.\n(c) Procedure to determine admissibility.\n(1) A party intending to offer evidence under subdivision (b) must:\n(A) file a written motion at least fourteen (14) days before trial specifically\ndescribing the evidence and stating the purpose for which it is offered\nunless the court, for good cause requires a different time for filing or\npermits filing during trial; and\n(B) serve the motion on all parties and notify the alleged victim or, when\nappropriate, the alleged victim's guardian or representative.\n(2) Before admitting evidence under this rule the court must conduct a hearing in\ncamera and afford the victim and partie s a right to attend and be heard. The\nmotion, related papers, and the record of the hearing must be sealed and\nremain under seal unless the court orders otherwise.","path":["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.\""],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20374","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:10Z","sha256":"f242db70bb01a872387302cbc3316e0d1a2fb4c41575186213270e32ec308c11","source_id":"us-ky","stale":false,"prev":"us-ky/kre-411","next":"us-ky/kre-501"},"notice":"GroundRules: Original legal text. Not legal advice."}