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The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) evidence offered to prove that a victim engaged in other sexual behavior; or (2) evidence offered to prove a victim’s sexual predisposition. The court may admit evidence of a victim’s reputation only if the victim has placed it in controversy. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed. However, this evidence is subject to the requirements of Rule 404. As amended, Rule 412 bars evidence offered to prove the victim's sexual behavior and alleged sexual predisposition.

The court may admit the following evidence in a criminal case: (A) 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) 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; and (C) evidence whose exclusion would violate the defendant’s constitutional rights. In a civil case, the court may admit evidence offered to prove a victim’s sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. If a party intends to offer evidence under Rule 412(b), the party must: (A) file a motion that specifically describes the evidence and states the purpose for which it is to be offered; (B) do so at least 14 days before trial unless the court, for good cause, sets a different time; (C) serve the motion on all parties; and (D) notify the victim or, when appropriate, the victim’s guardian or representative. 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. Evidence offered to prove allegedly false prior claims by the victim is not barred by Rule 412.

Gotham alone is charged with two further counts of sexual assault.

Prosecutor Heather Hope told Plymouth Crown Court that after Ellis was arrested by FBI officers at her flat in San Francisco in April 2015, she 'admitted straight away that she had contact with other paedophiles, including couples in the UK and one couple called Sarah and Craig'.

There is no requirement that there be a criminal charge pending against the person or even that the misconduct would constitute a criminal offense.The victim was taken to an area hospital, where he was treated for multiple broken bones, contusions and lacerations.Video from inside the restaurant shows the vicious attack as it unfolded in full view of other customers. The terminology “alleged victim” is used because there will frequently be a factual dispute as to whether sexual misconduct occurred. The witness will, however, be protected by other rules such as Rules 404 and 608, as well as Rule 403.




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