ER 412
            SEXUAL OFFENSES - VICTIM'S PAST BEHAVIOR


     (a)  Criminal Cases.   [Reserved.  See RCW 9A.44.020.]

     (b)  Civil Cases; Evidence Generally Inadmissible.  The
following evidence is not admissible in any civil proceeding
involving alleged sexual misconduct except as provided in
sections (c) and (d):

            (1) Evidence offered to prove that any alleged victim
engaged in other sexual behavior.

            (2) Evidence offered to prove any alleged victim's
sexual predisposition.

            (c) Exceptions.  In a civil case, evidence offered to
prove the sexual behavior or sexual predisposition of any alleged
victim is admissible if it is otherwise admissible under these
rules and its probative value substantially outweighs the danger
of harm to any victim and of unfair prejudice to any party.
Evidence of an alleged victim's reputation is admissible only if
it has been placed in controversy by the alleged victim.
          (d) Procedure to determine admissibility.

          (1) A party intending to offer evidence under section (c) must:

          (A) file a written motion at least 14 days before trial
specifically describing the evidence and stating the purpose for
which it is offered unless the court, for good cause, requires a
different time for filing or permits filing during trial; and

          (B) serve the motion on all parties and notify the
alleged victim or, when appropriate, the alleged victim's
guardian or representative.

          (2) Before admitting evidence under this rule the court
must conduct a hearing in camera and afford the victim and
parties a right to attend and be heard. The motion, related
papers, and the record of the hearing must be sealed and remain
under seal unless the court orders otherwise.


[Adopted effective September 1, 1988.]


              Comment 412

[Deleted effective September 1, 2003.]