The circumstances under which a statement of an employee or agent is treated as an employer's or principal's vicarious admission that is exempt from the prohibition against hearsay evidence.

United States v. Crawford, 214 F.3d 873, 875-876 (8th Cir. 2005) (upholding admission of accused's 1994 conviction for abusive sexual contact of an eight-year old girl because such it was relevant as it involved a similar crime of sexual assault of an eight-year old girl).Federal Rule of Evidence 413 and comparable rules in a few States create an express exception to the prohibition against circumstantial use of character, the prohibition against the use of character to show conduct. Rules such as Rule 413 provide that in a criminal trial for sexual assault evidence of the defendant's commission of another offense or offenses of sexual assault is admissible.

United States v. Larson, 112 F.3d 600, 604 (2d Cir. 1997) (upholding trial court's admission of witness's testimony about accused's prior criminal sexual conduct with another minor because it was relevant as there was similarity of the events between the prior criminal sexual conduct and the offense...Applicable federal or state law determines who is a "child" for purposes of Federal Rule of Evidence or comparable state rules that authorize the use of other instances of child molestation or child sex abuse against criminal defendants who are on trial for child molestation or child sexual abuse.

Cf. Fed. R. Evid. 103(d) advisory committee's note ("This wording of the plain error principle is from Rule 52(b) of the Federal Rules of Criminal Procedure. While judicial unwillingness to be constructed by mechanical breakdowns of the adversary system has been more pronounced in criminal cases, there is no scarcity of decisions to...Unless the admission of evidence constitutes plain error, it is improper for the trial court to exclude evidence in the absence of an objection by an opposing party when the trial court by doing so preempts the adversarial role of a party. The making of an objection -- the decision to attempt to prevent an opponent from introducing evidence -- is ordinarily the function of a party rather than the trial court.