Massachusetts Guide to Evidence 2025 Edition MA R EVID § 412

(1) evidence offered to prove that a victim engaged in other sexual behavior,

(2) evidence offered to prove a victim's sexual reputation, or

(3) evidence of a victim's sexual orientation to prove consent.

(1) evidence of specific instances of a victim's sexual behavior with respect to the person accused of the sexual misconduct;

(2) evidence of specific instances of a victim's recent sexual behavior if offered to prove that someone other than the defendant was the source of any physical feature, characteristic, or condition of the victim; and

(3) evidence whose exclusion would violate the defendant's constitutional rights.

(1)Motion. If a party intends to offer evidence under Subsection (b), the party must file a motion and an offer of proof.

(2)Hearing. Before admitting evidence under this section, the court must conduct a hearing, in open court, unless the judge makes appropriate findings to support courtroom closure. The judge must find that the weight and relevance (probative value) of the evidence is sufficient to outweigh its prejudicial effect to the victim. The court must make and file a written finding, but its finding must not be made available to the jury.