Sexual Conduct
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the evidence of sexual conduct is admissible.
Analysis
R: Under Rule 412, evidence of a victim’s sexual behavior or sexual predisposition is generally inadmissible in both civil and criminal proceedings involving alleged sexual misconduct.
A: Here, [apply rule to facts].
Criminal Exceptions
R: In criminal cases, the court may admit evidence (1) to prove that someone other than the defendant was the source of physical evidence, (2) to show prior sexual behavior with the defendant to prove consent, or (3) if exclusion would infringe on the defendant’s constitutional rights.
A: Here, [apply rule to facts].
Civil Exceptions
R: In civil cases, evidence of a victim’s sexual behavior or sexual predisposition may be admitted if its probative value substantially outweighs the danger of harm to the victim or unfair prejudice to a party.
A: Here, [apply rule to facts].
Defendant's Conduct
R: Evidence of the defendant’s sexual conduct is governed primarily by Rules 413 and 414 in sexual assault and molestation cases, which allow prior acts of similar offenses to be admitted for propensity purposes. Outside of these cases, such evidence is generally limited under Rule 404, which only allows the use of prior acts for specific purposes (e.g., proving motive, intent, or plan) rather than to show character or propensity
A: Here, [apply rule to facts].
Conclusion
C: Therefore, the evidence of sexual conduct is [admissible/inadmissible].
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
Questions or comments? Reach out at [email protected].