Multistate Bar Examination Practice Question

The correct answer is that the evidence is likely admissible to show the defendant's propensity to commit sexual assault. Under Federal Rules of Evidence (FRE) 413 and 414, which create a significant exception to the general prohibition on character evidence (FRE 404), evidence of a defendant's prior acts of sexual assault or child molestation is admissible in a criminal case for any matter to which it is relevant, including propensity. The other options are incorrect. While prior bad acts are generally inadmissible to prove propensity, FRE 413 creates a specific exception for sexual assault cases. The traditional 404(b) exceptions (motive, intent, etc.) are a separate basis for admissibility and are not the primary reason this specific evidence is allowed for propensity. Finally, while a court must still perform a Rule 403 balancing test, there is a presumption of probativeness for this type of evidence, and it is generally admissible unless the risk of unfair prejudice substantially outweighs its probative value.