United States Third Circuit

In determining whether to admit evidence of prior sexual misconduct under Federal Rule of Evidence 415, the court need not make a finding under Rule 104(a) that the act qualifies as a sexual assault and that it was committed by the defendant. Rather, the court may admit the evidence so long as relevancy is satisfied, determined by whether a jury could reasonably conclude that the act was a sexual assault committed by the defendant.

Appellate Information

• Decided 03/01/2002
• Published 03/01/2002

Judges

• Before: BECKER, Chief Judge, ALITO and BARRY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Peter G. Loftus (Argued), The Loftus Law Firm, P.C., Waverly, PA, for Appellant.


• For Appellees:
  
• Jeffrey H. Quinn (Argued), Dickie, McCamey & Chilcote, P.C., Philadelphia, PA, for Appellees Elk Lake School District, Charlotte A. Slocum, School Board Elk Lake School District., Robert A. Mazzoni, Julia K. Munley (Argued), Mazzoni & Karam, Scranton, PA, for Appellee Wayne Stevens.