KRE 412 Rape and similar cases; admissibility of victim's character and behavior
Baldwin's Kentucky Revised Statutes AnnotatedKentucky Rules of Evidence
KRE Rule 412
KRE 412 Rape and similar cases; admissibility of victim's character and behavior
(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.
Credits
HISTORY: Amended by Supreme Court Order 2003-3, eff. 7-1-03; 1992 c 324, § 29, 34, eff. 7-1-92; 1990 c 88, § 22
<Research Note>
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.”.
Publisher's Note: KRE 502 and 704 are being reserved for future use.
Rules of Evid., Rule 412, KY ST REV Rule 412
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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