Rule 412 and The Dangers of Going Too Far With Evidence of Sexual Conduct
by Michael Fox
An interesting blog, Out-of-the-Box Lawyering has a comment and link to a 9th Circuit affirmation of an unusual sanction of $5,000 to the plaintiff for the pain and suffering caused by the embarrassmentt of having details of her sexual practices offered into evidence. An offer the Court held could only have been a knowing violation of Rule 412, which sets out strict procedural requirements before such testimony is proffered. The Court also awarded $5,000 as attorneys fees. Although no doubt the plaintiff's name will be recognized by those actually familiar with the case and the employer, she is fortunately spared further ignominy by the use of only her initials on the published appellate decision.