Elements to be Established for MRE 413 & 414

  1. In order to introduce rule 413/414 evidence, the Government must establish the following:
  2. Where the event occurred,
  3. When the event occurred,
  4. Who was involved,
  5. What happened, and
  6. The similarities between the event sought to be introduced and the pleaded sexual assault or child molestation.
  7. 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.
  8. 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.
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