FRE: Character Evidence

Question 1

Rape Cases (criminal)

Answer 1

Victim’s Past Behavior Inadmissible

Question 2

In a criminal case, evidence of sexual behavior by the victim can be offered:
(3 exceptions)

Answer 2

1. to prove that a person other than the accused was the source of semen, injury, or other physical evidence is admissible.
2. Also, specific instances of sexual behavior between the victim and the accused are admissible to prove consent.
3. Evidence of a victim’s sexual behavior is also admissible when its exclusion would violate the defendant’s constitutional rights.

Question 3

In civil cases, evidence offered to prove the sexual disposition or behavior of the alleged victim is admissible if:
(3 exceptions)

Answer 3

1. it is otherwise admissible under the Federal Rules and
2. its probative value substantially outweighs the danger of harm to the victim and of unfair prejudice to any party.
3. Evidence of an alleged victim’s reputation is admissible only if it has been placed in controversy by the victim.

Question 4

Character evidence: General Rule: Criminal:

Answer 4

the prosecution cannot initiate evidence of the defendant’s bad character merely to show that she is more likely to have committed the crime of which she is accused. However, if the defendant puts her good character into issue, the prosecution may rebut with evidence of the defendant’s bad character.

Question 5

Character evidence is admissible in civil cases where:

Answer 5

character is directly in issue (i.e., defamation, negligent hiring). This rule does not apply to criminal cases.