Utah Courts

Pardon our dust!
While we move to a new website design, some pages, like this one, will look like the old website.

If you can't find what you're looking for, try our new website search.

We appreciate your patience while we move everything to the new design.


Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

URE Rule 412 (Rules of Evidence)


Rule 412. Admissibility of Victim's Sexual Behavior or Predisposition.
Rule printed on March 27, 2023 at 4:29 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2022

(a) Prohibited Uses. The following evidence is not admissible in criminal or juvenile delinquency proceedings involving alleged sexual misconduct:

(a)(1) evidence offered to prove that a victim engaged in other sexual behavior; or

(a)(2) evidence offered to prove a victim’s sexual predisposition.

(b) Exceptions. The court may admit the following evidence if the evidence is otherwise admissible under these rules:

(b)(1) evidence of specific instances of a victim's sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence;

(b)(2) evidence of specific instances of a victim’s sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor; or

(b)(3) evidence whose exclusion would violate the defendant's constitutional rights.

(c) Procedure to Determine Admissibility.

(c)(1) Motion. If a party intends to offer evidence under Rule 412(b), the party must:

(c)(1)(A) file a motion that specifically describes the evidence and states the

purpose for which it is to be offered;

(c)(1)(B) do so at least 14 days before trial unless the court, for good cause, sets a different time; and

(c)(1)(C) serve the motion on all parties.

(c)(2) Notice to the Victim. The prosecutor shall timely notify the victim or, when appropriate, the victim's guardian or representative.

(c)(3) Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing are classified as protected.

(d) Definition of "Victim." In this rule, "victim" includes an alleged victim.

2016 Advisory Committee Note. The 2016 amendment changes the classification of records described in subparagraph (c)(3) from sealed to protected. See CJA Rule 4-202.02.

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.

Page Last modified: 3/29/2022

Return to the top of the page Return to Top

Facebook YouTube Twitter RSS

Close ×