Federal Rule of Evidence 412 was broadened in 1994 to include protections for sexual harassment victims seeking to file suit against the harasser from unnecessary, intrusive and invasive probing into their past sexual history. The presumption in Rule 412 is that a sexual harassment victim's sexual history and propensities are inadmissible. As Rule 412 is an evidentiary rule, many questions still remain as to what protections a sexual harassment victim should be afforded during the discovery process. Just how far does Rule 412 go?
This Note explores several different discovery aspects that plague sexual harassment suits as a result of Rule 412 remaining unclear on the discovery parameters. This Note attempts to demonstrate that even though Rule 412 is an evidentiary rule, it can be used as a guiding post for the discovery limitations in sexual harassment suits, thereby affording sexual harassment victims protection throughout the entire litigation process.
Katie M. Patton,
Unfolding Discovery Issues That Plague Sexual Harassment Suits,
57 Hastings L.J. 991
Available at: https://repository.uchastings.edu/hastings_law_journal/vol57/iss5/3