Exclusion of Character and Prior Conduct Evidence (Step 2.B) - Sexual Harassment and Child Molestation Flashcards
FRE 412(a)
Sex Offense Cases: The Victim’s Sexual Behavior or Predisposition
Prohibited Uses
The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct
- Evidence offered to prove that the victim engaged in other sexual behavior or
- Evidence offered to prove a victim’s sexual predisposition (propensity)
FRE 412(b)(1)
Sex Offense Cases: The Victim’s Sexual Behavior or Predisposition
Exceptions
Criminal Cases
The court may admit the following evidence in a criminal case
- Evidence of specific instances of the victim’s sexual behavior if offered to prove that someone other than the defendant was the source of semen, injury or other physical evidence
- Evidence of specific instances of the victim’s sexual behavior with respect to the person accused of sexual misconduct if offered by the defendant to prove consent or offered by the prosecutor and
- Evidence whose exclusion would violate the defendant’s constitutional rights
FRE 412(b)(2)
Sex Offense Cases: The Victim’s Sexual Behavior or Predisposition
Exceptions
Civil Cases
In a civil case, the court may admit evidence offered to prove the victim’s sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and unfair prejudice to any party. The court may admit evidence of a victim’s reputation only if the victim has placed it in controversy.
FRE 412(c)(1)
Sex Offense Cases: The Victim’s Sexual Behavior or Predisposition
Procedure to Determine Admissibility
Motion
If a party intends to offer evidence under Rule 412(b), the party must
- File a motion that specifically describes the evidence and states the purpose for which it is to be offered
- Do so at least 14 days before trial, unless the court, for good cause, sets a different time
- Serve the motion to all parties and
- Notify the victim or, when appropriate, the victim’s guardian or representative
FRE 412(c)(2)
Sex Offense Cases: The Victim’s Sexual Behavior or Predisposition
Procedure to Determine Admissibility
Hearing
Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and the parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials and the record of the hearing must be and remain sealed.
FRE 412(d)
Sex Offense Cases: The Victim’s Sexual Behavior or Predisposition
Definition of Victim
In this rule, victim includes alleged victim
FRE 413(a)
Similar Crimes in Sexual-Assault Cases
Permitted Uses
In a criminal case in which the defendant is accused of a sexual assault, the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on any matter to which it is relevant
FRE 413(b)
Similar Crimes in Sexual-Assault Cases
Disclosure to the Defendant
If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause
FRE 413(c)
Similar Crimes in Sexual-Assault Cases
Effect on Other Rules
This rule does not limit the admission or consideration of evidence under any other rule.
FRE 413(d)
Similar Crimes in Sexual-Assault Cases
Definition of Sexual Assault
In this rule and Rule 415, sexual assault means a crime under federal law or state law (as state is defined in 18 U.S.C § 513) involving
- Any conduct prohibited by 18 U.S.C. chapter 109A
- Contact, without consent, between any part of the defendant’s body – or an object – and another person’s genitals or anus.
- Contact, without consent, between the defendant’s genitals or anus and any part of another person’s body
- Deriving sexual pleasure or gratification from inflicting death, bodily injury or physical pain on another person or
- An attempt or conspiracy to engage in conduct described in paragraphs (1)-(4)
FRE 414(a)
Similar Crimes in Child Molestation Cases
Permitted Uses
In a criminal case in which the defendant is accused of child molestation, the court may admit evidence that the defendant committed any other child molestation. The evidence may be considered on any matter to which it is relevant
FRE 414(b)
Similar Crimes in Child Molestation Cases
Disclosure to the Defendant
If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before the trial or at a later time that the court allows for good cause
FRE 414(c)
Similar Crimes in Child Molestation Cases
Effect on Other Rules
This rule does not limit the admission or consideration of evidence under any other rule
FRE 414(d)
Similar Crimes in Child Molestation Cases
Definition of Child and Child Molestation
In this rule and in Rule 415
- Child means a person below the age of 14 and
- Child molestation means a crime under federal or state law…involving
- Any conduct prohibited by 18 U.S.C. chapter 109A and committed with a child
- Any conduct prohibited by 18 U.S.C chapter 110
- Contact between any part of the defendant’s body – or an object – and a child’s genitals or anus
- Contact between the defendant’s genitals or anus and any part of the child’s body
- Deriving sexual pleasure or gratification from inflicting death, bodily injury or physical pain on a child or
- An attempt or conspiracy to engages in the conduct described in subparagraphs (A)-(E)
FRE 415(a)
Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation
Permitted Uses
In a civil case involving a claim for relief on a party’s alleged sexual assault or child molestation, the court may admit evidence that the party committed any other sexual assault or child molestation. This evidence may be considered as provided in Rules 413 and 414
