Rule 2:413. Evidence of Similar Crimes in Child Sexual Offense Cases (derived from Code § 18.2-67.7:1)

LibraryA Guide to the Rules of Evidence in Virginia (Virginia CLE) (2021 Ed.)

Rule 2:413. EVIDENCE OF SIMILAR CRIMES IN CHILD SEXUAL OFFENSE CASES (derived from Code § 18.2-67.7:1)

(a) In a criminal case in which the defendant is accused of a felony sexual offense involving a child victim, evidence of the defendant's conviction of another sexual offense or offenses is admissible and may be considered for its bearing on any matter to which it is relevant.

(b) The Commonwealth shall provide to the defendant 14 days prior to trial notice of its intention to introduce copies of final orders evidencing the defendant's qualifying prior criminal convictions. Such notice shall include (i) the date of each prior conviction, (ii) the name and jurisdiction of the court where each prior conviction was obtained, and (iii) each offense of which the defendant was convicted. Prior to commencement of the trial, the Commonwealth shall provide to the defendant photocopies of certified copies of the final orders that it intends to introduce.

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

(d) For purposes of this Rule, "sexual offense" means any offense or any attempt or conspiracy to engage in any offense described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 or § 18.2-370, 18.2-370.01, or 18.2-370.1 or any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States.

(e) Evidence offered in a criminal case pursuant to the provisions of this Rule shall be subject to exclusion in accordance with the Virginia Rules of Evidence, including but not limited to Rule 2:403.

NOTES

The General Assembly enacted Virginia Code § 18.2-67.7:1 in 2014 to provide for admissibility of a defendant's prior convictions for sexual offenses (defined in the statute) as proof in the prosecution of any felony sexual charge involving a child victim. This Virginia statute is not worded to track Federal Rules

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of Evidence 413 and 414 precisely, but addresses a similar principle. The Supreme Court of Virginia adopted Rule 2:413, effective July 1, 2014, to implement the statute verbatim. Unlike Federal Rule of Evidence 415, the Virginia provisions do not apply in civil litigation involving sexual wrongs.

The statute and Rule define prior sexual offenses broadly, citing in subsection (d) entire chapters and articles of the criminal titles of the Code of Virginia, as well as three specific sections, and...

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