Rules 413-415:Propensity Evidence in Certain Sex Cases

How Do 413-415 Change 404?They permit PBA evidence to show

propensity (or anything else) if• PBA was either

–Sexual assault, or–Child molestation

• Current case is either–Sexual assault, or–Child molestation, or–Civil case based on allegations

that would amount to SA or CM

Some folks say 413-415 trump 403 and all other FRE including hearsay

But most folks now say that 403 trumps

413-415

How do 413-415 affect 403?

The Split on 413-15 v. 403

• 413-415 might trump all other FRE’s including 403 and hearsay–US Judicial Conference Report–A few early lower court opinions

• 413-415 are subject to 403 (and hearsay)–Justice Department–Essentially all the recent and

appellate court opinions

Balancing under 413-415

Prejudicial Effect

Waste of Time

Risk of Confusion

Probative Value

Problem 12

Do Problem 12