Rule 413 — Similar Crimes in Sexual-Assault Cases

Fed. R. Evid. 413

• Source: Federal Rules of Evidence
• Rule: 413
• ARTICLE IV: RELEVANCE AND ITS LIMITS
• Citation: Fed. R. Evid. 413

Text

(a) PERMITTED USES. In a criminal case in which a defendant is
accused of a 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.
(b) DISCLOSURE TO THE DEFENDANT. If the prosecutor intends to
offer this evidence, the prosecutor must disclose it to the defend-
ant, including witnesses’ statements or a summary of the ex-
pected testimony. The prosecutor must do so at least 15 days be-
fore trial or at a later time that the court allows for good cause.
(c) EFFECT ON OTHER RULES. This rule does not limit the admis-
sion or consideration of evidence under any other rule.
(d) DEFINITION OF ‘‘SEXUAL ASSAULT.’’ In this rule and Rule 415,
‘‘sexual assault’’ means a crime under federal law or under state
law (as ‘‘state’’ is defined in 18 U.S.C. §513) involving:
(1) any conduct prohibited by 18 U.S.C. chapter 109A;
(2) contact, without consent, between any part of the defend-
ant’s body—or an object—and another person’s genitals or
anus;
(3) contact, without consent, between the defendant’s geni-
tals or anus and any part of another person’s body;
(4) deriving sexual pleasure or gratification from inflicting
death, bodily injury, or physical pain on another person; or
(5) an attempt or conspiracy to engage in conduct described
in subparagraphs (1)–(4).

Advisory Committee Notes

(As added Pub. L. 103–322, title XXXII, §320935(a), Sept. 13, 1994, 108 Stat. 2136, eff. July 9, 1995; amended Apr. 26, 2011, eff. Dec. 1, 2011.)