Sexual Assault Cases

Question 1

→ If Criminal Defendant of Sexual Assault Cases:

Answer 1

In sexual assault cases, prosecutor can use past specific acts even if they are uncharged crimes as long as the proponent shows ESSF that D committed the previous act and gives notice. Allowed to prove anything, including, but not limited to sexually violent character.

Question 2

→ If Victim of Sexual Assault Cases:

Answer 2

Defense cannot admit evidence of Victim’s other sexual behavior or sexual predisposition unless it is to show: (1) that someone other than D is the source of P’s physical evidence; and (2) if proving consent, can show that particular victim’s sexual history with D.

Question 3

→ If Victim in Civil Cases:

Answer 3

Use Mega Reverse 403 (admitted only if the probative value substantially outweighs the prejudicial impact to the victim), favors Exclusion.