Rule 413 Evidence of Similar Crimes in Sexual Assault Cases [Omitted]

F.R.E. 413, 414, and 415 were adopted by Congress in 1994 (P.L. 103-322, Title XXXII, Subtitle I, § 320935(a), 108 Stat. 2136) over the objection of the Judicial Conference Advisory Committee on Evidence Rules, the Standing Committee on Rules of Practice and Procedure, and the Federal Judicial Conference. The Permanent Advisory Committee on the Delaware Uniform Rules of Evidence recommended in 2001 that the Delaware Supreme Court not adopt provisions similar to F.R.E. 413, 414, and 415 for several reasons: (1) such propensity evidence is too prejudicial; (2) if such propensity evidence is permitted, the potential for a trial within a trial becomes likely; (3) the empirical data on the relevance of such evidence is conflicting; (4) F.R.E. 413, 414, and 415 were enacted over the objection of the relevant federal rule-making committees; (5) the Delaware Supreme Court’s decision in Getz v. State, Del. Supr., 538 A.2d 726 (1988), held that such propensity evidence may conflict with the defendant’s right to a presumption of innocence; and (6) the consensus of the Committee was that F.R.E. 413, 414, and 415 were unnecessary in Delaware because the prosecution of accused persons under the existing D.R.E. and relevant statutes, such as 11 Del. C. §§ 3507, and 3513, generally produces fair results.