Sexual Assault Rules

Question 1

Past Sexual Assault Evidence in Criminal Case

Answer 1

1) in a criminal case in which the defendant is accused of 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.

2) if the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witness statement or a summary of the expected testimony.

Question 2

Past Child Molestations in Criminal Case

Answer 2

1) In a criminal case in which a 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.

2) If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witness statements or a summary of the expected testimony.

Question 3

Past Sexual Assault in Civil Case

Answer 3

1) In a civil case involving a claim of relief based 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. The evidence may be considered on any matter to which it is relevant.

2) If a party intends to offer this evidence, the party must disclose it to the party against whom it will be offered, including witness statement or a summary of the expected testimony

Question 4

Rape Shield

Answer 4

The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:

1) evidence offered to prove that a victim engaged in other sexual behavior; or
2) evidence offered to prove a victim’s sexual predisposition

NOTE - this is broadly construed and includes how someone dresses and how they behave on social media

Question 5

Rape Shield Exceptions in Criminal Case

Answer 5

The court may admit the following in a criminal case:

1) evidence of specific instances of a victim’s sexual behavior, when offered to explain the physical consequences of the alleged rape, such as injury, presence of semen, pregnancy, or sexually transmitted disease

2) evidence of specific instances of a victim’s sexual behavior with respect to the person accused of sexual misconduct, if offered by the defendant to prove consent.

3) Evidence whose exclusion would violate the defendant’s constitutional rights

Question 6

Rape Shield Exceptions in Civil Case

Answer 6

In a civil case, the court may admit evidence offered to prove a victim’s behavior or sexual predisposition if its probative value substantially outweighs the danger or harm to any victim and of unfair prejudice to any party.

The court may admit evidence of a victim’s reputation only if the victim has placed it in controversy.

Question 7

Evidence of Past False Allegations

Answer 7

Most courts hold that past false allegations do not qualify as sexual behavior, therefore the rape shield does not bar the evidence.

Could come in under 608(b) on cross examination to impeach the victim or under 404(b)(2) for another purpose such as motive or common plan.