27-412 Sex offense cases; relevance of alleged victim's past sexual behavior or alleged sexual predisposition.
27-412. Sex offense cases; relevance of allegedvictim's past sexual behavior or alleged sexual predisposition.(1) The followingevidence is not admissible in any civil or criminal proceeding involving allegedsexual misconduct except as provided in subsections (2) and (3) of this section:(a) Evidenceoffered to prove that any victim engaged in other sexual behavior; and(b) Evidenceoffered to prove any victim's sexual predisposition.(2)(a) In a criminal case,the following evidence is admissible, if otherwise admissible under the NebraskaEvidence Rules:(i) Evidence of specific instances of sexual behavior by the victimoffered to prove that a person other than the accused was the source of semen,injury, or other physical evidence;(ii) Evidence of specific instances of sexualbehavior of the victim with respect to the accused offered by the accusedto prove consent of the victim if it is first established to the court thatsuch behavior is similar to the behavior involved in the case and tends toestablish a pattern of behavior of the victim relevant to the issue of consent;and(iii) Evidence, the exclusion of which would violate the constitutionalrights of the accused.(b) In a civil case, evidence offered to prove the sexual behavioror sexual predisposition of any victim is admissible if it is otherwise admissibleunder the Nebraska Evidence Rules and its probative value substantially outweighsthe danger of harm to any victim and of unfair prejudice to any party. Evidenceof a victim's reputation is admissible only if it has been placed in controversyby the victim.(3)(a) A party intending to offer evidence under subsection (2)of this section shall:(i) File a written motion at least fifteen days before trial specificallydescribing the evidence and stating the purpose for which it is offered unlessthe court, for good cause, requires a different time for filing or permitsfiling during trial; and(ii) Serve the motion on all parties and notify the victim or, whenappropriate, the victim's guardian or representative.(b) Before admitting evidenceunder this section, the court shall conduct a hearing in camera outside thepresence of any jury. SourceLaws 2009, LB97, § 3.