What is the test for evidence of sexual predisposition in a sexual assault case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Alexander, 76 F.3d 388 (9th Cir. 1996):

Rule 412 bars evidence offered to prove the victim's sexual behavior and alleged sexual predisposition. Rule 412 limits the admissibility of evidence of a rape victim's past sexual behavior to three situations: (1) when constitutionally required, (2) when relevant and more probative than prejudicial on the source of semen or injury, and (3) when relevant and more probative than prejudicial on the issue of consent. See generally United States v. Payne, 944 F.2d 1458, 1468 (9th Cir.1991), cert. denied, 503 U.S. 975 (1992).

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