MBE Rules · Evidence
Prior Sexual-Assault Acts
FRE 413-415
The rule
In sexual-assault and child-molestation cases, the defendant's other such offenses are admissible for any relevant purpose — including propensity — a sharp departure from the FRE 404 ban.
In plain English
In cases involving sexual assault or child molestation, evidence of the defendant's previous similar offenses can be introduced in court. This is different from the general rule that usually excludes such evidence to prevent bias, as it is considered relevant to show a pattern of behavior.
Worked example
During a trial for sexual assault, the prosecution introduces evidence that the defendant was previously convicted of a similar crime five years ago. The jury hears this evidence and considers it when determining whether the defendant committed the current offense. As a result, the jury finds the defendant guilty based on the established pattern of behavior.
Memory hook
Past offenses speak volumes in sexual assault cases.
The trap
Examinees may confuse the admissibility of prior acts in sexual assault cases with the general prohibition under FRE 404, leading to incorrect conclusions about the relevance of such evidence.
How examiners test it
Questions often present a scenario involving a defendant's prior sexual offenses and ask whether this evidence can be admitted, testing the candidate's understanding of the exceptions to the general rules of evidence.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.