In any criminal prosecution alleging personal injury or death, or the attempt to cause personal injury or death, relevant evidence of repeated physical and psychological abuse of the accused by the victim is admissible, subject to the general rules of evidence.
Rule 2:409.EVIDENCE OF ABUSE ADMISSIBLE IN CERTAIN CRIMINAL TRIALS (derived from Code § 19.2-270.6).
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 2:409 allows relevant evidence of repeated physical and psychological abuse the accused suffered from the victim to be admitted in criminal prosecutions alleging personal injury or death, or an attempt to cause either, subject to the general rules of evidence.
Full Text of Rule 2:409
Plain-English Summary
Rule 2:409 addresses a specific evidentiary problem in criminal cases where the accused claims a history of abuse by the alleged victim explains or bears on the charged conduct — sometimes called battered-person evidence. In any criminal prosecution alleging personal injury or death, or an attempt to cause either, relevant evidence of repeated physical and psychological abuse of the accused by the victim is admissible.
The rule does not create a free pass around the rest of the evidence code. That evidence remains “subject to the general rules of evidence” — meaning it still has to clear the relevance threshold in Rule 2:401, and a court can still weigh it under Rule 2:403 or exclude it for other reasons that would apply to any other evidence. What Rule 2:409 does is confirm that this category of evidence is not categorically barred, resolving what might otherwise be treated as inadmissible character or propensity evidence about the victim.
Frequently Asked Questions
What kind of evidence does Rule 2:409 make admissible?
Relevant evidence of repeated physical and psychological abuse of the accused by the victim, in a criminal prosecution alleging personal injury or death, or an attempt to cause personal injury or death.
Does Rule 2:409 apply in civil cases?
No. The rule is limited to criminal prosecutions alleging personal injury or death, or an attempt to cause either.
Does admitting evidence under Rule 2:409 mean it can’t be excluded for other reasons?
No. The rule states this evidence is admissible “subject to the general rules of evidence,” so it still has to be relevant and can still be excluded under other rules, such as Rule 2:403’s balancing test.
What kinds of charges does Rule 2:409 apply to?
Any criminal prosecution alleging personal injury or death, or the attempt to cause personal injury or death — a category broad enough to cover a range of violent-offense charges where a history of abuse by the alleged victim may be relevant to the accused’s state of mind or conduct.
Why would evidence of abuse by the victim matter in a criminal case against the accused?
It can bear on issues like self-defense, the accused’s state of mind, or the context surrounding the charged conduct. Rule 2:409 confirms this evidence is not categorically excluded, though its relevance and weight still depend on the facts of the case.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated November 13, 2020; effective July 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: battered person evidence virginiaevidence of abuse by victim virginia criminal casehistory of abuse defense virginiaself defense evidence prior abuse virginia