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

27-415. Civil case; evidence of crimes insexual assault cases.(1) In a civil case in which a claim for damages or otherrelief is predicated on a party's alleged commission of conduct constitutingan offense of sexual assault, evidence of that party's commission of anotheroffense or offenses of sexual assault is admissible if there is clear andconvincing evidence otherwise admissible under the Nebraska Evidence Rulesthat the party committed the other offense or offenses. If admissible, suchevidence may be considered for its bearing on any matter to which it is relevant.(2) A partywho intends to offer evidence under this section shall disclose the evidenceto the party against whom it will be offered, including statements of witnessesor 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 latertime as the court may allow for good cause.(3) Before admitting evidence of a party'scommission of another offense or offenses of sexual assault under this section,the court shall conduct a hearing outside the presence of any jury. At thehearing, 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 substantiallyoutweighs the probative value of the evidence. In assessing the balancing,the court may consider any relevant factor such as (a) the probability thatthe other offense occurred, (b) the proximity in time and intervening circumstancesof the other offenses, and (c) the similarity of the other acts to the crimecharged.(4) Thissection shall not be construed to limit the admission or consideration ofevidence under any other section of the Nebraska Evidence Rules. SourceLaws 2009, LB97, § 6.