Issue

Rule 412—definition of "sexual behavior"—criminal prosecution—sexual offenses against child—evidence of prior sexual abuse by different perpetrator

Summary

In a prosecution for sexual offense with a child by an adult and indecent liberties with a child, the trial court properly excluded evidence of previous sexual abuse of the victim by an abuser other than defendant, where Evidence Rule 412 bars evidence of a victim's "sexual behavior," which is defined as "sexual activity other than the sexual act which is at issue in the indictment on trial." Although Rule 412 does not define "sexual activity," the Rule's plain language indicates that all evidence of a victim's sexual activity other than the sexual act at issue is inadmissible regardless of whether that activity was consensual or nonconsensual. Thus, defendant's argument that the victim's prior sexual abuse did not fall under Rule 412's definition of "sexual behavior" lacked merit.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →