27-415. Civil case; evidence of crimes in sexual assault cases.

286 words·~1 min read·/ne/chapter-27/27-415

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)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, evidence of that party's commission of another offense or offenses of sexual assault is admissible if there is clear and convincing evidence otherwise admissible under the Nebraska Evidence Rules that the party committed the other offense or offenses. If admissible, such evidence may be considered for its bearing on any matter to which it is relevant.

(2)A party who intends to offer evidence under this section shall disclose the evidence to the party against whom it will be offered, 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.

(3)Before admitting evidence of a party's commission of another offense or offenses of sexual assault under this section, the court shall conduct a hearing outside the presence of any jury. At the hearing, the rules of evidence shall apply and the court shall apply a section 27-403 balancing and admit the evidence unless the risk of prejudice substantially outweighs the probative value of the evidence. In assessing the balancing, the court may consider any relevant factor such as

(a)the probability that the other offense occurred,

(b)the proximity in time and intervening circumstances of the other offenses, and

(c)the similarity of the other acts to the crime charged.

(4)This section shall not be construed to limit the admission or consideration of evidence under any other section of the Nebraska Evidence Rules.