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Barred Evidence :star: - Coggle Diagram

- - - - Disclosure was in a federal proceeding or to a federal agency; and
      - Privilege holder attempted to prevent disclosure and promptly tried to rectify the error
- - - - Prove bias or prejudice of witness
      - Negate undue delay
      - Prove obstruction of criminal investigation or prosecution
- - - - In a criminal case in which the defendant is accused of sexual assault, attempted sexual assault, or conspiracy to commit sexual assault, evidence that the defendant committed ANY other sexual assault is admissible to prove any relevant matter.
      - Admissibility of Other Sexual Behaviors
        
        Whose conduct does the evidence concern?
        
        Victim
        
        Evidence is inadmissible, :warning: except:
        
        Civil Cases
        
        When probative value substantially outweighs harm to victim and prejudice to party :scales:
        
        Criminal Cases
        
        To show person other than defendant was the source of semen, injury, etc. :sweat_drops:
        
        To show victim's sexual behavior with defendant if offered by defendant to show consent or by prosecution
        
        When exclusion would violate defendant's constitutional rights :book:
        
        Accused
        
        Evidence is inadmissible, :warning: except:
        
        Criminal & Civil Cases: In cases of sexual assault or child molestation, where similar acts are admissible for any relevant purpose
- - - - Defendant and spouse must be married at time of testimony. Immunity ends at divorce.
  - - - Applies to both spouses, and continues after divorce