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2.6-13 Other Misconduct - Criminal Sexual Behavior
New, November 1, 2008, modified June 12, 2009
In a criminal case in which the defendant is charged with a crime exhibiting
aberrant and compulsive criminal sexual behavior, evidence of the defendant's
commission of another offense or offenses is admissible and may be considered
for its bearing on any matter to which it is relevant.1
However, evidence of a prior offense on its own is not sufficient to prove the
defendant guilty of the crimes charged in the information. Bear in mind as you
consider this evidence that at all times, the state has the burden of proving
that the defendant committed each of the elements of the offense charged in the
information. I remind you that the defendant is not on trial for any act,
conduct, or offense not charged in the information.
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1 The Supreme Court, in State v. DeJesus, 288
Conn. 418, 474 n.36 (2008), suggested this instruction, but left open its
precise content. The trial court should consider adapting this language to the
specific purpose for which the evidence was offered.
Commentary
The former practice of admitting this type of evidence as common scheme or plan was eliminated in State v. DeJesus, 288 Conn. 418 (2008), in favor of this approach. Defendant does not have to be charged with a sexual crime for evidence of aberrant sexual behavior to be relevant. State v. Johnson, 289 Conn. 437, 455-56 (2008); State v. Snelgrove, 288 Conn. 742 (2008).
See also Other Misconduct of Defendant, Instruction 2.6-5.