31 N.Y.3d 273 (2018)

In child sexual abuse cases, evidence of a defendant’s prior consensual sexual conduct with adults, if it demonstrates a unique pattern of behavior mirroring the alleged abuse, may be admissible to corroborate a victim’s testimony, provided its probative value outweighs its potential for prejudice.

Summary

The New York Court of Appeals addressed the admissibility of evidence concerning a defendant’s prior sexual conduct in a child sexual abuse case. The court held that evidence of the defendant engaging in oral sex with consenting adults in a manner similar to the alleged abuse of the children was properly admitted to corroborate the victims’ testimony. The court distinguished this evidence from inadmissible propensity evidence, emphasizing its relevance in demonstrating a distinctive pattern. The court further affirmed the trial court’s discretion in balancing the probative value of the evidence against potential prejudice to the defendant.

Facts

The defendant was charged with sexually abusing two minor sisters. The girls described being forced by the defendant to perform oral sex while he smoked crack cocaine with his shirt over his head. The prosecution sought to introduce evidence that the defendant engaged in the same sexual acts with the girls’ mother and another adult woman. The trial court admitted the evidence of the defendant’s similar sexual conduct with adults. The defendant was found guilty by the jury.

Procedural History

The defendant was convicted in the trial court. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal.

Issue(s)

1. Whether evidence of the defendant’s prior consensual sexual conduct with adults was properly admitted, despite the defendant’s argument that it was impermissible propensity evidence.

2. Whether the trial court abused its discretion by concluding that the probative value of the evidence outweighed its potential for prejudice.

Holding

1. No, because the evidence was not considered propensity evidence and was relevant to corroborating the victims’ testimony.

2. No, because the trial court properly balanced the probative value of the evidence against its prejudicial effect.

Court’s Reasoning

The court reasoned that the evidence of the defendant’s prior sexual conduct with adult women was not “propensity” evidence because it did not show a propensity to commit the crimes charged, but instead demonstrated a unique, corroborating pattern of behavior. The court stated that the defendant engaging in oral sex with consenting adult women in the same manner as the alleged abuse of the victims, while smoking crack, showed no propensity to commit the crimes for which he was on trial. The court emphasized that the evidence corroborated the girls’ accounts of their abuse. The Court further noted that the trial court’s admission of the evidence was proper since it was relevant and probative to the People’s case. The Court also found that the probative value of the evidence was not outweighed by the prejudice. The court recognized that almost all relevant evidence is prejudicial to some degree. The Court referenced the trial court’s broad discretion in determining evidentiary matters and the high threshold for overturning such decisions.

Practical Implications

This case provides guidance to prosecutors and defense attorneys regarding the admissibility of prior conduct evidence in child sexual abuse cases. It establishes that evidence of a defendant’s prior sexual conduct with adults, similar to the alleged abuse, can be admissible if it corroborates the victim’s testimony and demonstrates a unique pattern, provided the probative value of the evidence outweighs its potential for prejudice. Attorneys should consider the specific facts of the case and the need for corroboration when arguing for or against the admissibility of such evidence. This case underscores the importance of a detailed evidentiary analysis. The ruling requires that the court’s decision to admit such evidence be made with care.