Fed. R. Evid. 413 — Similar Crimes in Sexual-Assault Cases
Plain English
A major exception to the propensity ban. In a criminal sexual-assault case, the court may admit evidence that the defendant committed any other sexual assault, and it can be considered on any relevant matter—including propensity. The prosecutor must disclose the evidence (including witness statements or a summary) at least 15 days before trial. The rule does not displace other rules, and it defines “sexual assault” by reference to federal and state crimes.
From the Courtroom
This is one of the few places federal law openly allows propensity reasoning—“he did it before, so he is more likely to have done it here.” But it is not automatic: courts still run a Rule 403 screen, so the prior assaults must not be unfairly prejudicial relative to their probative value. For the defense, the 15-day disclosure is your handle—demand specifics early and litigate the 403 balance hard, because the propensity inference itself is now permitted.
Key Points & Authority
- Propensity allowed (413(a)). In a criminal sexual-assault case, evidence of the defendant’s other sexual assaults is admissible on any relevant matter.
- Disclosure (413(b)). The prosecutor must disclose, with witness statements or a summary, at least 15 days before trial (or later for good cause).
- Other rules intact (413(c)). Rule 403 still applies as a screen.
- Defined term (413(d)). “Sexual assault” keys to 18 U.S.C. ch. 109A and enumerated nonconsensual contact.
Florida Parallel
Florida Parallel: Florida has no direct equivalent broadly admitting propensity evidence in adult sexual-assault cases. The nearest provision is § 90.404(2), Fla. Stat. (similar-fact evidence of other crimes, wrongs, or acts), with § 90.404(2)(b) specifically governing child-molestation cases (compare FRE 414). Cross-reference is text-only for now; live links added in a later interlinking pass.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(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 defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor 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.
(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 defendant’s body — or an object — and another person’s genitals or anus;
(3) contact, without consent, between the defendant’s genitals 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).
Educational reference. Educational summary of the Federal Rules of Evidence, not legal advice.
What this rule means in plain English
A major exception to the propensity ban. In a criminal sexual-assault case, the court may admit evidence that the defendant committed any other sexual assault, and it can be considered on any relevant matter—including propensity. The prosecutor must disclose the evidence (including witness statements or a summary) at least 15 days before trial. The rule does not displace other rules, and it defines “sexual assault” by reference to federal and state crimes.