Paul G. Cassell (University of Utah – S.J. Quinney College of Law) and Ryan McBride have posted Presenting the Jury With Patterns of Sexual Assault: Utah’s New Rule Allowing Sexual Assault Propensity Evidence on SSRN. Here is the abstract:
During the 2026 session, the legislature amended Utah’s Rule of Evidence 404, adding subsection (d) to allow prosecutors to present to juries sexual assault propensity evidence in sexual assault cases. The Federal Rules of Evidence have contained a similar rule (Rule 413) for more than two decades. Numerous states follow comparable approaches—either through rule or caselaw—tracking the common law approach of admitting evidence to prove a “lustful disposition.” Utah’s rules will now benefit from a provision codifying this result into Rule 404(d). Because of the significance of this new rule change, this article explains the rationale behind it and how it will operate in practice.
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