Privacy Protection for Rape Victims Act
PL 95-540 (H.R.4727), enacted 10/28/1978

92 STAT. 2046 
PUBLIC LAW 95-540—OCT. 28, 1978 
Public Law 95-
95th Congress 
•540 
Oct. 28. 1978 
[H.R. 4727] 
Privacy 
Protection for 
Rape Victims Act 
of 1978. 
28 u s e app. 
28 u s e app. 
Hearing. 
An Act 
To amend the Federal Rules of Evidence to provide for the protection of the 
privacy of rape victims. 
Be it enacted hy 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 evi-
dence 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 dis-
covered 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. 
PUBLIC LAW 95-540—OCT. 28, 1978 
92 STAT. 2047 
At such hearing the parties may call witnesses, including the alleged 
victim, and offer relevant evidence. Notwithstanding subdivision (b) 
of rule 104, if the relevancy of the evidence which the accused seeks 28 USC app. 
to offer in the trial depends upon the fulfillment of a condition of fact, 
the court, at the hearing in chambers or at a subsequent hearing in 
chambers scheduled for such purpose, shall accept evidence on the issue 
of whether such condition of fact is fulfilled and shall determine such 
issue. 
"(3) If the court determines on the basis of the hearing described in 
paragraph (2) that the evidence which the accused seeks to offer is 
relevant and that the probative value of such evidence outweighs the 
danger of unfair prejudice, such evidence shall be admissible in the 
trial to the extent an order made by the court specifies evidence which 
may be offered and areas with respect to which the alleged victim may 
be examined or cross-examined. 
"(d) For purposes of this rule, the term 'past sexual behavior' means 
sexual behavior other than the sexual behavior with respect to which 
rape or assault with intent to commit rape is alleged.". 
(b) The table of contents for the Federal Rules of Evidence is 
amended by inserting immediately after the item relating to rule 411 
the following new item: 
"Rule 412. Rape cases; relevance of victim's past behavior.". 
SEC. 3. The amendments made by this Act shall apply to trials which Effective date, 
begin more than thirty days after the date of the enactment of this Act. ^^ ^^^ ^PP-
"Past sexual 
behavior." 
Approved October 28, 1978. 
i:-M*'. ,l?.'S 
LEGISLATIVE HISTORY: 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Oct. 10, considered and passed House. 
Oct. 12, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: 
Oct. 30, Presidential statement.