(a) In a criminal case in which the defendant is accused of an offense of sexual assault, evidence of the defendant’s commission of another offense or offenses of sexual assault is admissible, and may be considered for its bearing on any matter to which it is relevant.
(b) In a case in which the Government intends to offer evidence under this rule, the attorney for the Government shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen days before the scheduled date of trial or at such later time as the court may allow for good cause.
(c) This rule shall not be construed to limit the admission or consideration of evidence under any other rule.
(d) For purposes of this rule and Rule 415, ‘‘offense of sexual assault’’ means a crime under Federal law or the law of a State (as defined in section 513 of title 18, United States Code) that involved—
(1) any conduct proscribed by chapter 109A of title 18, United States Code;
(2) contact, without consent, between any part of the defendant’s body or an object and the genitals or anus of another person;
(3) contact, without consent, between the genitals or anus of the defendant and any part of another person’s body;
(4) deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person; or
(5) an attempt or conspiracy to engage in conduct described in paragraphs (1)–(4). (Added Sept. 13, 1994, eff. July 9, 1995.)
added in current removed in current
Compared to current version (2025).
(a) Permitted Uses. In a criminal case in which thea defendant is accused of an offense of sexual assault, the court may admit evidence ofthat the defendant’s commission oftted any other offense or offenses of sexual assault is admissible, andsexual assault. The evidence may be considered for its bearing on any matter to which it is relevant.
(b) In a case in which the GovernmentDisclosure to the Defendant. If the prosecutor intends to offer this evidence under this rule, the attorney for the Government shall disclose the evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements of witnesses or a summary of the substance of any testimony that is expected to be offered,expected testimony. The prosecutor must do so at least fifteen15 days before the scheduled date of trial or at sucha later time asthat the court may allows for good cause.
(c) This rule shall not be construed toEffect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.
(d) For purposes ofDefinition of ‘‘Sexual Assault.’’ In this rule and Rule 415, ‘‘offense of sexual assault’’ means a crime under Ffederal law or the law of a State (as defined in section 513 of titleunder state law (as ‘‘state’’ is defined in 18, United States Code) that.S.C. § 513) involved-ing:
(1) any conduct proscribhibited by 18 U.S.C. chapter 109A of title 18, United States Code;
(2) contact, without consent, between any part of the defendant’s body -or an object -and theanother person’s genitals or anus of another person;
(3) contact, without consent, between the defendant’s genitals or anus of the defendant and any part of another person’s body;
(4) deriving sexual pleasure or gratification from the infliction ofng 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 Sept. 13, 1994, eff. July 9, 1995Pub. 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.)