§ 2412.Sexual Offense Against Another Person - Evidence of Other Sexual Behavior Inadmissible - Exceptions
Chapter 40: Oklahoma Evidence Code · Last amended September 1, 1993 · Last verified August 3, 2026
In one sentenceBars, in a criminal sexual-offense case, evidence of a victim's reputation, opinion, or specific sexual behavior offered on the issue of consent, but allows it to show another source of injury or disease, false allegations, or similar acts in the accused's presence, under a fifteen-day notice procedure.
A.In a criminal case in which a person is accused of a sexual offense against another person, the following is not admissible:
1.Evidence of reputation or opinion regarding other sexual behavior of a victim or the sexual offense alleged.
2.Evidence of specific instances of sexual behavior of an alleged victim with persons other than the accused offered on the issue of whether the alleged victim consented to the sexual behavior with respect to the sexual offense alleged.
B.The provisions of subsection A of this section do not require the exclusion of evidence of:
1.Specific instances of sexual behavior if offered for a purpose other than the issue of consent, including proof of the source of semen, pregnancy, disease or injury;
3.Similar sexual acts in the presence of the accused with persons other than the accused which occurs at the time of the event giving rise to the sexual offense alleged.
1.If the defendant intends to offer evidence described in subsection B of this section, the defendant shall file a written motion to offer such evidence accompanied by an offer of proof not later than fifteen (15) days before the date on which the trial in which such evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which such evidence relates has newly arisen in the case. Any motion made under this paragraph shall be served on all other parties by counsel for the defendant and on the alleged victim by the district attorney.
2.If the court determines that the motion and offer of proof described in paragraph 1 of this subsection contains evidence described in subsection B of this section, the court may order an in- camera hearing to determine whether the proffered evidence is admissible under subsection B of this section.
Amendment History
Added by Laws 1975, HB 1024, c. 19, § 1; Renumbered from 22 O.S. § 750 by Laws 1992, SB 860,
c. 168, § 1, eff. 9/1/1992; Amended by Laws 1993, HB 1197, c. 197, § 1, eff. 9/1/1993.
Plain-English Summary
Oklahoma's rape-shield statute, Section 2412 keeps a victim's sexual history out of a criminal sexual-offense trial in two specific ways: reputation or opinion evidence about the victim's other sexual behavior or the alleged offense itself, and evidence of specific instances of the victim's sexual behavior with people other than the accused, when offered on the question of consent.
Subsection B lists what the rule doesn't reach: specific instances offered for a purpose other than consent, like showing another source of semen, pregnancy, disease, or injury, evidence of false allegations of sexual offenses, and similar acts in the accused's presence with someone else, occurring at the time of the alleged offense. A defendant who wants to offer this evidence has to file a written motion and offer of proof at least fifteen days before trial, unless the court allows a later filing for newly discovered evidence or an issue that newly arose, and the court may hold an in-camera hearing to decide admissibility.
Frequently Asked Questions
Can a defendant introduce evidence about a sexual-assault victim's past sexual history?
Generally no, on the issue of consent -- Section 2412(A) excludes reputation, opinion, and specific-instance evidence of the victim's other sexual behavior offered on that issue.
Are there exceptions to Oklahoma's rape-shield rule?
Yes. Subsection B allows specific instances offered for another purpose, such as another source of semen, pregnancy, disease, or injury, evidence of false allegations, and similar acts in the accused's presence at the time of the alleged offense.
How far in advance must a defendant give notice before offering this evidence?
At least fifteen days before trial, under subsection C, unless the court allows a later motion for newly discovered evidence or an issue that newly arose in the case.
Does Oklahoma's rape-shield law apply in civil cases?
By its own text, Section 2412 applies "in a criminal case in which a person is accused of a sexual offense" -- narrower than the modern Federal Rule of Evidence 412, which also reaches civil suits over alleged sexual misconduct.
Has this section always been part of the Evidence Code?
No. The Legislature originally enacted it in 1975 as part of the criminal code, then renumbered it into the Evidence Code as Section 2412 in 1992.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma rape shield law12 O.S. § 2412FRE 412 oklahoma equivalentvictim's prior sexual history admissible oklahoma