(1)The
general assembly hereby finds and declares that sexual offenses are a matter of
grave statewide concern. These frequently occurring offenses are aggressive and
assaultive violations of the well-being, privacy, and security of the victims, are
severely contrary to common notions of proper behavior between people, and result
in serious and long-lasting harm to individuals and society. These offenses often are
not reported or are reported long after the offense for many reasons, including: The
frequency with which the victims are vulnerable, such as young children who may
be related to the perpetrator; the personal indignity, humiliation, and
embarrassment involved in the offenses themselves; and the fear of further
personal indignity, humiliation, and embarrassment in conne
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(1) The
general assembly hereby finds and declares that sexual offenses are a matter of
grave statewide concern. These frequently occurring offenses are aggressive and
assaultive violations of the well-being, privacy, and security of the victims, are
severely contrary to common notions of proper behavior between people, and result
in serious and long-lasting harm to individuals and society. These offenses often are
not reported or are reported long after the offense for many reasons, including: The
frequency with which the victims are vulnerable, such as young children who may
be related to the perpetrator; the personal indignity, humiliation, and
embarrassment involved in the offenses themselves; and the fear of further
personal indignity, humiliation, and embarrassment in connection with investigation
and prosecution. These offenses usually occur under circumstances in which there
are no witnesses except for the accused and the victim, and, because of this and
the frequent delays in reporting, there is often no evidence except for the
conflicting testimony. Moreover, there is frequently a reluctance on the part of
others to believe that the offenses occurred because of the inequality between the
victim and the perpetrator, such as between the child victim and the adult accused,
or because of the deviant and distasteful nature of the charges. In addition, it is
recognized that some sex offenders cannot or will not respond to treatment or
otherwise resist the impulses which motivate such conduct and that sex offenders
are extremely habituated. As a result, such offenders often commit numerous
offenses involving sexual deviance over many years, with the same or different
victims, and often, but not necessarily, through similar methods or by common
design. The general assembly reaffirms and reemphasizes that, in the prosecution
of sexual offenses, including in proving the corpus delicti of such offenses, there is
a greater need and propriety for consideration by the fact finder of evidence of
other relevant acts of the accused, including any actions, crimes, wrongs, or
transactions, whether isolated acts or ongoing actions and whether occurring prior
to or after the charged offense. The general assembly finds that such evidence of
other sexual acts is typically relevant and highly probative, and it is expected that
normally the probative value of such evidence will outweigh any danger of unfair
prejudice, even when incidents are remote from one another in time.
(2) This section applies to prosecution for any offense involving unlawful
sexual behavior as defined in section 16-22-102 (9), or first degree murder, as
defined in section 18-3-102 (1)(d), C.R.S., in which the underlying felony on which the
first degree murder charge is based is the commission or attempted commission of
sexual assault, as described in section 18-3-402, C.R.S., sexual assault in the first or
second degree as those offenses were described in sections 18-3-402 and 18-3-403, C.R.S., as they existed prior to July 1, 2000, or the commission of a class 3
felony for sexual assault on a child as defined in section 18-3-405 (2), C.R.S.
(3) The prosecution may introduce evidence of other acts of the defendant to
prove the commission of the offense as charged for any purpose other than
propensity, including: Refuting defenses, such as consent or recent fabrication;
showing a common plan, scheme, design, or modus operandi, regardless of whether
identity is at issue and regardless of whether the charged offense has a close
nexus as part of a unified transaction to the other act; showing motive, opportunity,
intent, preparation, including grooming of a victim, knowledge, identity, or absence
of mistake or accident; or for any other matter for which it is relevant. The
prosecution may use such evidence either as proof in its case in chief or in rebuttal,
including in response to evidence of the defendant's good character.
(4) If the prosecution intends to introduce evidence of other acts of the
defendant pursuant to this section, the following procedures shall apply:
(a) The prosecution shall advise the trial court and the defendant in advance
of trial of the other act or acts and the purpose or purposes for which the evidence
is offered.
(b) The trial court shall determine by a preponderance of the evidence
whether the other act occurred and whether the purpose is proper under the broad
inclusionary expectations of this section.
(c) The trial court may determine the admissibility of other acts by an offer of
proof.
(d) The trial court shall, at the time of the reception into evidence of other
acts and again in the general charge to the jury, direct the jury as to the limited
purpose or purposes for which the evidence is admitted and for which the jury may
consider it.
(e) The court in instructing the jury, and the parties when making statements
in the presence of the jury, shall use the words other act or transaction and at no
time shall refer to other offense, other crime, or other terms with a similar
connotation.
(5) The procedural requirements of this section shall not apply when the
other acts are presented to prove that the offense was committed as part of a
pattern of sexual abuse under section 18-3-405 (2)(d), C.R.S.