Harvey Weinstein arrives at state Supreme Court in New York on Feb. 21, 2020. Photographer: Peter Foley/Bloomberg Federal Rule of Evidence 413 and Harvey Weinstein
Following last month's reversal of Harvey Weinstein's sexual assault convictions, a bill is receiving consideration in the New York State Legislature that would essentially adopt Rule 413 for New York. Should it become law?
May 30, 2024 at 10:00 AM
9 minute read
In 1995, Federal Rule of Evidence 413 became law. It states that "[in] a criminal prosecution in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant committed any other sexual assault [and] [t]he evidence may be considered on any matter to which it is relevant." Thus, Rule 413 allows evidence of an uncharged sexual assault to show a defendant's propensity to commit sexual assault. It is an exception to the general ban on propensity evidence set forth in Rule 404(b).
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