FAQ - Evidence of Past Sexual Conduct in Sexual Assault Cases

In cases involving allegations of sexual assault, Louisiana Code of Evidence Articles 412, 412.1, and 412.2 govern what evidence may be admissible and place restrictions (with some exceptions) on what information may be presented at trial.

Opinion and reputation evidence with regard to the past sexual behavior of the victim in a sexual assault case is not admissible. There are no exceptions to this rule. (La CE Art. 412)

Evidence of specific instances of prior sexual acts may be admissible under the following circumstances:

• Evidence of the victim’s past sexual behavior with the defendant may be admissible to show consent to the conduct that led to the sexual assault allegations.

• Evidence of other sexual behavior within 72 hours prior to the alleged sexual assault may also be admissible to show that there is a source (other than the defendant) of semen or any injuries alleged to be the result of the sexual assault.

Evidence of what a victim was wearing is not admissible to show consent. (La CE Art. 412.21)

There are also some specific rules with regard to cases in which sex trafficking is alleged. In those cases, the past sexual behavior of the person alleged to have been trafficked may be admissible if presented by the State to prove a pattern of trafficking.

With regard to a defendant accused of a sexual assault, evidence of other crimes, wrongs, or bad acts may be admissible: in cases in which a victim is under the age of 17, the State may introduce evidence of other crimes, wrongs, or bad acts that tend to show “a lustful disposition towards children”. In order to introduce such evidence, the State must provide notice to the defendant and the evidence must meet the admissibility requirements of Code of Evidence Article 403.