Evidence of prior uncharged sex crimes is admissible as probative of defendant’s propensity to commit such crimes

EVIDENCE United States v. Benally, No. 06-4173, ___ F.3d ___ (10th Cir. Aug 29, 2007)(Utah). Appeal of conviction for aggravated sexual abuse of a minor under the age of sixteen while in Indian Country in violation of 18 U.S.C. § 2241(c) and § 1153(a). HELD: Congress has determined that evidence of other similar crimes involving sexual assault and child molestation is probative of a defendant’s propensity to commit such crimes. Therefore, evidence of defendant’s prior sexual assaults was properly admitted under Rules 413 and 414 of the Federal Rules of Evidence. If district court had admitted prior sexual assault evidence solely because government’s case was weak, however, such admission would have been an abuse of discretion. District court’s decision to admit evidence of prior sexual assaults and child molestation must be grounded in proper consideration of factors set out in United States v. Enjady, 134 F.3d 1427, 1433 (10th Cir. 1998), and United States v. Guardia, 135 F.3d 1325, 1331 (10th Cir. 1998), and not in improper consideration of strength or weakness of government’s case. Read the opinion here.