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Defendant is charged in federal court with sexual assault of a hotel guest. The prosecution offers testimony from a former guest who says Defendant sexually assaulted her in a similar manner at the same hotel two years earlier. Defendant was never charged for the earlier incident. The prosecution gives pretrial notice and argues that the evidence is admissible to show Defendant's propensity to commit sexual assault. Defendant objects under the ordinary character-evidence rule.
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The evidence is barred because propensity evidence is never admissible in any case. The evidence is admissible only if the defendant first offers evidence of peacefulness. The evidence is admissible only to prove identity, never propensity. The evidence may be admissible under Rule 413 because, in a sexual-assault criminal case, evidence that the defendant committed another sexual assault may be considered on any matter to which it is relevant, subject to Rule 403 and procedural requirements.

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