MBE Rules · Evidence
Rape Shield
FRE 412
The rule
Evidence of a victim's other sexual behavior or predisposition is inadmissible in sexual-misconduct cases, except to prove another source of semen or injury, prior acts with the accused offered for consent, or where exclusion would violate the defendant's constitutional rights.
In plain English
The Rape Shield Rule protects victims of sexual misconduct by limiting the admissibility of their past sexual behavior or predispositions in court. This means that, in most cases, evidence about a victim's sexual history cannot be used to discredit them or suggest they consented to the alleged act.
Worked example
In a sexual assault case, the defense attempts to introduce evidence that the victim had previously engaged in sexual activities with multiple partners to argue that she was promiscuous. However, under the Rape Shield Rule, this evidence is inadmissible, and the court excludes it, focusing solely on the incident in question.
Memory hook
Victims' pasts are off-limits; focus on the present incident.
The trap
Exams may present scenarios where students might think evidence of a victim's past is relevant, but they must remember the strict limitations imposed by the Rape Shield Rule. Students often confuse admissibility exceptions with general relevance.
How examiners test it
Questions often involve fact patterns where the defense seeks to introduce a victim's sexual history, testing the student's understanding of the exceptions to the Rape Shield Rule and its application in specific contexts.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.