Similar Crimes in Sexual-Assault Cases

(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). (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.)