Rule 413 Similar Crimes in Sexual-Assault Cases
Article IV: Relevance and Its Limits
Rule Text
(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 in accordance with the Commonwealth Code.
(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 Commonwealth, federal law, or under another state or territory’s law involving:
(1) any conduct prohibited by 6 CMC §§ 1301 through 1309;
(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).
EVIDENCE CITE AS: NMI R. EVID. EFFECTIVE FEBRUARY 22, 2015 * Revision Committee Note: 6 CMC § 1320(b) concerns the admissibility of evidence of prior act evidence in criminal sexual assault cases. As such, the Committee added the language “in accordance with the Commonwealth Code” to the end of subdivision (a) to make clear that these rules are consistent with statutory law. The Committee elected not to include a citation to the particular statute section, but instead chose the broader phrase, to ensure consistency between these rules and any future amendments to the Commonwealth Code.