Findings Required In Appeals Regarding FRE 413, 415

Seeley v. Chase, 2006 WL 925639 (4/11/06) - In a civil rights case against an APD officer who allegedly raped the plaintiff, the 10th remands for Judge Conway to make on the record a reasoned finding that the prejudicial value of the evidence of other sexual assaults by the officer does not substantially outweigh the evidence's probative value. The 10th could not review the d.ct.'s ruling without an explanation by the d.ct. The 10th rejected the officer's argument that two of the prior incidents did not involve attempted contact with the victims' genitalia, a prerequisite for admission under Fed. R. Evid. 415. In one incident the officer asked the victim to have sex with him to get out of a DWI charge and then rubbed her breasts. In the other incident he shined a flashlight on the victim's exposed genitalia. While the 10th ruled with respect to Rule 415, which applies only to civil cases, the 10th explained that the same considerations apply to Rule 413, the rule applicable to criminal cases.