(a) In a criminal case where the defendant is accused of a sexual assault, evidence of the defendant's commission of another sexual assault is admissible and may be considered for its bearing on any matter to which it is relevant, subject to the circuit court's consideration of the admissibility of any such evidence under Rule 403 of the Arkansas Rules of Evidence.(b) In a case where the prosecuting attorney intends to offer evidence under this section, the prosecuting attorney shall disclose the evidence to the defendant or the defendant's attorney if an attorney is representing the defendant, including statements of witnesses or a summary of the substance of any testimony at least forty-five (45) days before the scheduled date of trial or at such later time as the court may allow for good cause.(c) This section shall not be construed to limit the admission or consideration of evidence under any rule of the Arkansas Rules of Evidence, the Arkansas Rules of Criminal Procedure, or any law.(d) For purposes of this section, the term 'sexual assault' includes the following offenses: (1) Rape, § 5-14-103;(2) Sexual assault in the first degree, § 5-14-124; and(3) Sexual assault in the law.(d) For purposes of this section, the term 'sexual assault' includes the following offenses: (1) Rape, § 5-14-103;(2) Sexual assault in the first degree, § 5-14-124; and(3) Sexual assault in the second degree, § 5-14-125.Acts 2005, No. 536, § 1.
Arkansas Legal Code