Propensity in Sexual-Assault and Child Molestation Cases

Question 1

What are the key concepts of Propensity Evidence

Answer 1

Under, Rules 413-415 Propensity Evidence is Admissible in cases involving sexual assault or child molestation

Question 2

Does Rule 404 bar to propensity evidence apply when using 413-415?

Answer 2

No, these rules override it but Rule 403 still applies

Question 3

Rule 413?

Answer 3

allows prosecutors to introduce evidence of OTHER sexual assaults committed by the D and to use that evidence for ANY purpose, including to suggest that the D has a propensity to commit sexual assaults.

Question 4

What result does 414 achieve?

Answer 4

Rule 414 achieves the same result in prosecutions for child molestation. Ex: The P can offer evidence of other molestations and argue that the D has a propensity to molest children.

Question 5

What does 415 achieve?

Answer 5

It allows the same evidence and propensity reasoning in civil cases involving sexual assault and child molestation

Question 6

Do you have to identify a non-propensity purpose under Rule 404(b)?

Answer 6

No

Question 7

What is a difference between 413 and 414?

Answer 7

413 allows evidence of a Ds other sexual assaults, while 414 permits evidence of other acts of sexual molestation

Question 8

Do the rules override hearsay or privilege?

Answer 8

No, although they override 404s general propensity bar they do not override other rules such as HS or PR.

Question 9

Is the judge required to balance its admission?

Answer 9

Yes, the judge MUST decide whether the unfairly prejudicial effect of Rule 413/414 substantially outweighs its probative value

Question 10

Rule 415

Answer 10

Similar Acts in Civil Cases Involving SA and CM

the court may admit evidence that the party committed any other SA or CM, and it may be considered in Rules 413, 414.

Question 11

Does the prior crime require that the prior act resulted in a conviction?

Answer 11

No, its admissible whether formal charges were brought or not