A bill to amend the Federal Rules of Evidence relating to character evidence in sexual misconduct cases, and for other purposes.

Summary

Amends rule 404 of the Federal Rules of Evidence relating to the use of character evidence in sexual misconduct cases to make admissible evidence of another act of sexual assault or child molestation, or evidence to rebut such proof or an inference therefrom, if that evidence is otherwise admissible in a criminal case in which the accused is charged with sexual assault or child molestation, or in a civil case in which a claim is predicated on a party's alleged commission of such an offense. Authorizes the court, in weighing the probative value of such evidence, to consider: (1) proximity in time to the charged or predicate misconduct; (2) similarity to the charged or predicate misconduct; (3) frequency of the other acts; (4) surrounding circumstances; (5) relevant intervening events; and (6) other relevant similarities or differences. Requires the prosecution, in a criminal case in which it intends to offer such evidence, to disclose the evidence, including statements of witnesses or a summary of the substance of any testimony: (1) at a reasonable time in advance of trial; or (2) during trial if the court excuses pretrial notice on good cause shown. Amends rule 405 to permit, in a case in which such evidence is offered, proof to be made by specific instances of conduct, testimony as to reputation, or testimony in the form of an opinion, except that the prosecution or claimant may offer reputation or opinion testimony only after the opposing party has offered such testimony.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 31 July 1995

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 31 July 1995

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• Introduced in Senate

  summary · EN · 31 July 1995

  Open at official source

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