Evidence of Similar Crimes in Criminal Sexual Conduct

Cases.

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

(b)In a case in which the Government intends to offer evidence under this rule, the attorney for the Government shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen days before the scheduled date of trial or at such later time as the court may allow for good cause.

(c)This rule shall not be construed to limit the admission or consideration of evidence under any other rule.

(d)For purposes of this rule and Rule 415, Aoffense of criminal sexual conduct” means a crime under Federal law, Guam law, or the law of a State (as defined in section 513 of title 18, United States Code) that involved:

(1)any conduct proscribed by chapter 25 of Title 9, Guam Code Annotated;

(2)any conduct proscribed by chapter 109A of title 18, United States Code;

(3)contact, without consent, between any part of the defendant’s body or an object and the genitals or anus of another person;

(4)contact, without consent, between the genitals or anus of the defendant and any part of another person’s body;

(5)deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person; or

(6)an attempt or conspiracy to engage in conduct described in paragraphs (1)-(5).