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Elements to be Established for MRE 413 & 414
- In order to introduce rule 413/414 evidence, the Government must establish the following:
- Where the event occurred,
- When the event occurred,
- Who was involved,
- What happened, and
- The similarities between the event sought to be introduced and the pleaded sexual assault or child molestation.
- Opinion evidence cannot be introduced as to whether the accused is more likely to commit sexual assault/child molestation because of the act sought to be introduced under rule 413/414.
- The Defense should be prepared to make both a 403 and 404 objections to evidence sought to be introduced under Rules 413/414 or they risk waiving such objections.