Admissibility of evidence in sex offense cases.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0040

HOUSE BILL
NO.

HB0121

Admissibility of evidence in sex offense cases.

Sponsored by:
Representative(s) Burkhart, Hutchings and Krone and Senator(s) Nutting

A BILL

for

AN ACT relating to civil and criminal procedure; specifying circumstances under which evidence of
a prior sexual assault offense
may be admitted in criminal and civil cases involving sexual assault; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 1
‑
12
‑
117 and

6
‑
2
‑
321
are created to read:

1
‑
12
‑
117.

Evidence of similar acts in civil c
ases concerning sexual assault
.

(a)

In a civil case in which a claim for damages or other relief is predicated on a party's alleged commission
of conduct constituting an offense of sexual assault
as defined in W.S. 6
‑
2
‑
321
, evidence of that party's commission of another offense or offenses of sexual assault may be
offered and
conside
r
ed as provided in W.S.
6
‑
2
‑
321
.

(
b
)

This section shall not be construed to limit the admission or consideration of evidence under any other section or court rule.

6
‑
2
‑
321
.

Evidence of similar crimes in sexual assault cases.

(a)

In a criminal case in which the defendant is accused of an offense of sexual assault, evidence of the defendant's commission of another offense or offenses of sexual assault may be considered for its bearing on any matter to which it is relevant.

(b)

In a
ny
case in which
a party
intends to offer evidence under this section
, the following procedure shall be used:

(
i
)

A written motion shall be made by the offering par
ty to the court at least fifteen (15
) days
prior to the scheduled start of the trial stating that the party has an offer of proof of the relevancy of evidence of the prior sexual assault;

(ii)

The written motion shall be accompanied by affidavits in which the offer of proof is stated;

(iii)

If the court finds the offer of proof sufficient, the court shall order a hearing in chambers, and at the hearing allow the parties to be heard regarding the offer of proof and other pertinent evidence;

(iv)

At the conclusion of the hearing, if the court finds that the probative value of the evidence substantially outweighs the probability that
its admission will create unfair
prejudice, the evidence shall be admissible pursuant to this section. The court may make an order stating what evidence
may be introduced by the party
, which order may include the nature of the questions to be permitted.

(c)

In determining whether evidence of a prior sexual assault should be admitted under this section
, the court shall consider:

(
i
)

The
probative
value of
the
prior sexual assault t
o prove
the material fact it is intended to prove;

(ii)

Whether the material fact is seriously disputed;

(i
i
i)

How clearly the prior sexual assault has been proven;

(i
v
)

Whether other evidence is available;

(
v
)

Whether the evidence of th
e prior sexual assault is
unnecessarily cumulative;

(v
i
)

The
time
that has e
lapsed between the prior sexual assault and the current allegations;

(vi
i
)

The
simil
arity between the prior sexual assault and the current allegations;

(
viii
)

The likelihood of unfair prejudice because of:

(A)

The reprehensible nature of the
prior
sexual assault;

(B)

The sympathetic nature of the prior victim;

(C)

The disparity in seriousness between the prior sexual assault and the current allegations;

(D)

The appearance that a prior sexual assault escaped punishment.

(
i
x
)

Whether a limiting
instruction
would diminish the prejudicial effect of the
evidence of the prior sexual assault
;

(x
)

Any other relevant factor.

(d
)

This section shall not be construed to limit the admission or consideration of evidence under any other section or court rule.

(e
)

As used in this section "offense of sexual assault" means:

(
i
)

Sexual assault as defined in W.S. 6
‑
2
‑
301(a)(v);

(ii)

An offense under a statute from another jurisdiction containing the same or similar elements as sexual assault as defined in W.S. 6
‑
2
‑
301(a)(v); or

(iii)

An attempt or conspiracy to engage in
conduct described in paragraph
(
i
)
or
(ii) of this subsection.

Section 2.

This act is effective July 1, 201
4
.

(END)

1
HB0121