(a) Permitted Uses. In a civil case involving a claim for relief based on a party’s alleged sexual assault or child molestation, the court may admit evidence that the party committed any other sexual assault or child molestation. The evidence may be considered as provided in Rules 413 and 414.
(b) Disclosure to the Opponent. If a party intends to offer this evidence, the party must disclose it to the party against whom it will be offered, including witnesses’ statements or a summary of the expected testimony. The party must do so at least 15 days before trial or at a later time that the court allows for good cause.
(c) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.
Summary and Explanation
Rule 415 of the Federal Rules of Evidence provides that in a civil case where a claim regards sexual assault or child molestation, the court may admit evidence that the party committed any other sexual assault or child molestation. The evidence may be considered for any relevant purpose, including the party’s propensity to commit sexual assault or child molestation.
In summary, Rule 415 creates an exception to the general ban on propensity evidence in civil cases involving sexual assault or child molestation claims. The rule allows the court to admit a party’s commission of similar acts as evidence to demonstrate that party’s propensity, tendency, or pattern regarding those offenses. This includes sexual assault acts that may not have resulted in a conviction. The rationale is that a history of similar acts can be relevant in these specific types of civil claims.
However, it is still up to the judge whether to admit such evidence. The evidence must pass the general balancing test under Rule 403 assessing whether its probative value is substantially outweighed by dangers of unfair prejudice or confusion. But Rule 415 signals that party’s prior sexual offenses can be weighed as probative in these civil case contexts.
History
(Added Pub. L. 103–322, title XXXII, §320935(a), Sept. 13, 1994, 108 Stat. 2137; Apr. 26, 2011, eff. Dec. 1, 2011.)
Effective Date
Rule effective July 9, 1995, see section 320935(b)–(e) of Pub. L. 103–322, set out as a note under rule 413 of these rules.
Committee Notes on Rules—2011 Amendment
The language of Rule 415 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.