Evidence of a person's other sexual misconduct is frequently admissible in sexual assault cases, child molestation cases, and in civil cases involving claims of sexual misconduct.

Fed. R. Evid. 801(c) advisory committee's note ("The definition follows along familiar lines in including only statements offered to prove the truth of the matter asserted. McCormick ? 225; 5 Wigmore ? 1361, 6 id. ? 1766. If the significance of an offered statement lies solely in the fact that it was made, no issue is raised as to the...If some human utterance has legal significance under applicable substantive law and the utterance is offered to establish that a verbal act having such legal significance has taken place, the utterance is not hearsay under Federal Rule of Evidence 801(c) or a "statement" for purposes of Federal Rule of Evidence 801(a)(2) even if the utterance also contains an assertion or appears to contain an an assertion.

Cf. Cunningham v. California, 549 U.S. 270, pin? (2007) (defendant was convicted in a California trial court of "continuous sexual abuse of a child under the age of 14"; California law allowed the trial court -- rather than the jury -- to enhance the defendant's...The prosecution must establish each essential element of a criminal offense beyond a reasonable doubt.

Cf. United States v. Khorozian, 333 F.3d 498, 506 (3d Cir. 2003) (holding that the header or text of the fax was admissible and did not constitute hearsay evidence because "nothing said by a machine ... is hearsay" and....A "statement" for purposes of the hearsay prohibition against the admission of hearsay statements is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.