In a criminal trial the government's burden of persuasion is to establish a criminal defendant's guilt beyond a reasonable doubt. This is a federal constitutional requirement that is applicable to the states as well to the federal government.

United States v. Perlmuter, 693 F.2d 1290, 1294 (9th Cir. 1982) (holding that even though the criminal records was admitted into evidence by the trial court on other grounds, it could not be admitted under the residual....A statement not specifically covered by Federal Rule of Evidence 803 or 804 or by comparable State rules, but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence.

Cf. Forn v. Hornung, 343 F.3d 990, 995-999 (9th Cir. 2003) (upholding trial court's denial of the habeas corpus petition because even though the court erroneously admitted accomplice's November 13 statement which did....A statement that exposes a declarant (other than the defendant) to criminal liability is admissible under the hearsay exception for statements against interest to exculpate a criminal defendant only if corroborating circumstances show that the statement is trustworthy.

Fed. R. Evid. 412(b)(2) ("In a civil case, evidence offered to prove the sexual behavior or sexual predisposition of any alleged victim is admissible if it is otherwise admissible under these rules and its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.").Under some rape shield laws other sexual conduct or sexual disposition of alleged victim is admissible in a civil proceeding for sexual misconduct if the probative value of the other conduct or of the victim's sexual disposition substantially outweighs the danger of harm to the alleged victim and the risk of unfair prejudice to a party.