Sex Crimes Flashcards
Criminal Cases - Sex Crimes
Opinion or reputation about victim’s sexual predisposition or behavior is generally inadmissible
Exceptions:
1. specific instances of sexual behavior with someone other than the defendant was the source
2. specific instances with the defendant if defendant is asserting defense of consent
3. if excluding would violate defendant’s constitutional rights
Civil Cases - Sex Crimes
Court may admit sexual behavior or predisposition if probative value must substantially outweigh the danger of harm to any victim and of unfair prejudice to any party
Must be significantly important to the case
Defendant’s Other Acts of Sexual Conduct or Child Molestation
court may admit for any relevant purpose - propensity to commit sex crimes
Exception to any limitation
Prosecution should give notice
Judge must find sufficient to support a jury finding