Under MBE rules, prior sexual misconduct by a victim in a sexual offense case may be admissible to prove which of the following?

• A. The defendant's intent
• B. The defendant's motive
• C. The victim's credibility
• D. The victim's consent to sex with the defendant

Answer: (D)

Under the Federal Rules of Evidence, a victim’s prior sexual behavior is generally inadmissible to prevent prejudice and protect privacy. There is a narrow exception in a sexual offense case: evidence of the victim’s prior sexual behavior may be admitted to prove that the act occurred with the victim’s consent or that the victim consented to sex with the defendant. This use focuses on showing consent, not on the defendant’s state of mind or on attacking the victim’s credibility. Therefore, the admissible purpose for such evidence is to prove the victim’s consent to sex with the defendant.