Bar Exam (US) Evidence: Describe what evidence is admissible against the defendant in sexual assa...

Question

Describe what evidence is admissible against the defendant in sexual assault and child molestation cases.

Answer

In criminal cases, where the defendant is accused of an offense of sexual assault (FRE 413) or child molestation (FRE 414), evidence of defendant's commission of another such offense or offenses, is admissible, and may be considered for its bearing on any matter to which it is relevant. Where the prosecution intends to offer evidence under these rules, such evidence must be disclosed to the defendant, including statements of witnesses or a summary of the substance of any testimony expected to be offered, at least 15 days before the scheduled date of trial or at such later time as the court may allow for good cause. These same rules for admitting evidence of offenses of sexual assault or child molestation also apply to civil cases seeking damages or other relief based on the alleged commission of conduct constituting an offense of sexual assault or child molestation (FRE 415).

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