Page:United States Statutes at Large Volume 92 Part 2.djvu/766

 92 STAT. 2046

PUBLIC LAW 95-540—OCT. 28, 1978

Public Law 95- •540 95th Congress An Act Oct. 28. 1978 [H.R. 4727]

Privacy Protection for Rape Victims Act of 1978. 28 USC app. 28 USC app.

Hearing.

To amend the Federal Rules of Evidence to provide for the protection of the privacy of rape victims.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Privacy Protection for Rape Victims Act of 1978". SEC. 2. (a) Article IV of the Federal Rules of Evidence is amended by adding at the end thereof the following new rule: "RULE412. RAPE CASES; RELEVANCE OF VICTIM'S PAST BEHAVIOR

"(a) Notwithstanding any other provision of law, in a criminal case in which a person is accused of rape or of assault with intent to commit rape, reputation or opinion evidence of the past sexual behavior of an alleged victim of such rape or assault is not admissible. "(b) Notwithstanding any other provision of law, in a criminal case in which a person is accused of rape or of assault with intent to commit rape, evidence of a victim's past sexual behavior other than reputation or opinion evidence is also not admissible, unless such evidence other than reputation or opinion evidence is— "(1) admitted in accordance with subdivisions (c)(1) and (c)(2) and is constitutionally required to be admitted; or "(2) admitted in accordance with subdivision (c) and is evidence of— "(A) past sexual behavior with persons other than the accused, offered by the accused upon the issue of whether the accused was or was not, with respect to the alleged victim, the source of semen or injury; or "(B) past sexual behavior with the accused and is offered by the accused upon the issue of whether the alleged victim consented to the sexual behavior with respect to which rape or assault is alleged. "(c)(1) If the person accused of committing rape or assault with intent to commit rape intends to offer under subdivision (b) evidence of specific instances of the alleged victim's past sexual behavior, the accused shall make a written motion to offer such evidence not later than fifteen days before the date on which the trial in which such evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which such evidence relates has newly arisen in the case. Any motion made under this paragraph shall be served on all other parties and on the alleged victim. "(2) The motion described in paragraph (1) shall be accompanied by a written offer of proof. If the court determines that the offer of proof <}ontains evidence described in subdivision (b), the court shall order a hearing in chambers to determine if such evidence is admissible.

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