Federal Rule of Evidence 803(5) or a comparable State rule creates a hearsay exception for a memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the witness' memory and to reflect that knowledge correctly.

Beard v. Southern Flying J, Inc., 266 F.3d 792, 800-801 (8th Cir. 2001) (holding, in employee's civil action for constructive discharge, that the trial court properly admitted evidence of her sexual behavior at the workplace because it was not unfairly prejudicial to plaintiff ).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.

Fed. R. Evid. 415 (evidence of other sexual assaults or other child molestations in civil actions in which a claim rests on a claim of sexual assault or child molestation: "In a civil case in which a claim for damages or other relief is predicated on a party's alleged commission of conduct constituting an offense of sexual assault or child...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.

Davignon v. Hodgson, 524 F.3d 91, 112-113 (1st Cir. 2008) (holding, in plaintiff correctional officers' retaliation action against defendant sheriff, that the trial court properly admitted into evidence a decision....An exception to the hearsay rule applies to the following records of government offices and agencies: (A) public records that set forth the activities of the government office or agency; (B) public records that set forth observations that a government office or agency was required to make and report but this exception does not apply in criminal cases to observations of police officers and other law enforcement personnel; or (C) in civil actions and proceedings and in criminal cases when offered against the government, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate the untrustworthiness of such findings.