Rape Shield Enhancement Act of 2025
Rape Shield Enhancement Act of 2025 is a reporting bill that would direct the Judicial Conference of the United States to study and propose amendments to three federal rules—Rule 412 of the Federal Rules of Evidence, Rule 26 of the Federal Rules of Civil Procedure, and Rule 16 of the Federal Rules of Criminal Procedure. The aim is to further limit the admissibility of evidence concerning an alleged victim’s sexual behavior or predisposition and to strengthen privacy protections for admissible evidence. The Judicial Conference must produce three separate reports within 180 days of enactment, outlining proposed amendments (restricted to this scope) in accordance with the Rules Enabling Act process (28 U.S.C. Chapter 131). Any actual changes would come later through the standard rulemaking and legislative process, not directly from this bill alone. In short, the bill seeks to tighten rape-shield protections and privacy safeguards in federal cases by prompting a formal, time-bound review of how evidence and discovery related to a sexual assault victim’s private history are handled, with the potential for future amendments to limit such inquiries and disclosures.
Key Points
- 1Short title: The act may be cited as the “Rape Shield Enhancement Act of 2025.”
- 2Rule 412 review: Requires a report reviewing Rule 412 and identifying amendments to further limit admissibility of a victim’s sexual behavior or predisposition and to improve privacy protections for admissible evidence and its subsequent disclosure.
- 3Rule 26 review (civil cases): Requires a report reviewing Rule 26 to identify amendments that would narrow discovery to limit inquiries into an alleged victim’s private records (personal, financial, social, sexual, medical, etc.), strengthen privacy protections, restrict subsequent disclosures, and ensure discovery practices align with federal rights.
- 4Rule 16 review (criminal cases): Requires a report reviewing Rule 16 to identify amendments that would narrow discovery to limit inquiries into an alleged victim’s private records, strengthen privacy protections, and ensure discovery practices align with federal rights.
- 5Timeline: Not later than 180 days after enactment, the Judicial Conference must submit the three reports to Congress.