Tex. R. Evid. 412

Evidence of Previous Sexual Conduct in Criminal Cases

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Rule 412. 	Evidence of Previous Sexual Conduct in Criminal Cases
(a) 	Definition of “Victim.” In this rule, “victim” includes an alleged victim of the charged
offense and an alleged victim of an extraneous offense or act described in subdivision (b).
(b) 	Applicable Offenses. This rule applies in a prosecution of a defendant for an offense, or
for an attempt or conspiracy to commit an offense, under any of the following provisions
of the Texas Penal Code:
(1) 	Section 20A.02(a)(3), (4), (7), or (8) (Trafficking of Persons);
(2) 	Section 20A.03 (Continuous Trafficking of Persons), if the offense is based partly
or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4),
(7), or (8);
(3) 	Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual);
(4) 	Section 21.11 (Indecency with a Child);
(5) 	Section 22.011 (Sexual Assault);
(6) 	Section 22.012 (Indecent Assault); or
(7) 	Section 22.021 (Aggravated Sexual Assault).
(c) 	Reputation or Opinion Evidence. In the prosecution of an offense described in
subdivision (b), reputation or opinion evidence of a victim’s past sexual behavior is not
admissible.
 
(d) 	Evidence of a Specific Instance of Past Sexual Behavior.
(1) 	In General. In the prosecution of an offense described in subdivision (b), evidence
of a specific instance of a victim’s past sexual behavior is not admissible.
(2) 	Exceptions. Evidence of a specific instance of a victim’s past sexual behavior is
admissible only if the court:
(A) 	admits the evidence in accordance with subdivision (e);
(B) 	finds that the evidence:
(i) 	is necessary to rebut or explain scientific or medical evidence
offered by the attorney representing the state;
(ii) 	concerns past sexual behavior with the defendant and is offered by
the defendant to prove consent, if the lack of consent is an element
of the offense;
(iii) 	relates to the victim’s motive or bias;
(iv) 	is admissible under Rule 609; or
(v) 	is constitutionally required to be admitted; and
(C) 	determines that the probative value of the evidence outweighs the danger of
unfair prejudice to the victim.
(e) 	Procedure for Offering Evidence; Record Sealed.
(1) 	Offering Evidence. Before offering evidence of a specific instance of a victim’s
past sexual behavior, a defendant must, outside the presence of the jury, move to
do so. The court must then conduct an in camera examination of the evidence in the
presence of a court reporter and determine whether it is admissible. A defendant
may not refer in the jury’s presence to any evidence of a victim’s past sexual
behavior without first obtaining such a ruling from the court.
(2) 	Record Sealed. The court must seal the record of the in camera examination
conducted under paragraph (e)(1) and preserve it as part of the record in the case.
Notes and Comments
Comment to 2025 Change: Former Rule 412 is repealed and replaced with this rule to implement
Senate Bill 535, enacted by the 89th Legislature, and article 38.872 of the Texas Code of Criminal
Procedure.

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