351 [DOJ-OGR-00005237—DOJ-OGR-00005240]

__ Case 1:20-cr-00330-PAE Document 351 Filed 10/15/21 Page 1of4 aN U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew’s Plaza New York, New York 10007 October 15, 2021 BY ECF The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan: The Government respectfully submits this letter in response to the Court’s Order dated October 14, 2021 (Dkt. No. 347) ordering the Government to respond to the defendant’s October 14, 2021 letter regarding the deadline for filing a motion under Federal Rule of Evidence 412 (Dkt. No. 345). In particular, the defendant wrote the Court to “confirm that November 15, 2021 is the deadline for [her] to file a motion under Federal Rule of Evidence 412.” (Dkt. No. 345). Federal Rule of Evidence 412(a)(1) provides that in a case involving allegations of sexual misconduct, “evidence offered to prove that a victim engaged in other sexual behavior” is inadmissible. The Rule “‘aims to safeguard the alleged victim against the invasion of privacy, potential embarrassment and sexual stereotyping that is associated with public disclosure of intimate sexual details.’” United States v. Rivera, 799 F.3d 180, 184 (2d Cir. 2015) (quoting Fed. R. Evid. 412 advisory committee’s note). “The exclusion, however, is not absolute” as Rule 412(b) provides certain exceptions to this general prohibition in criminal cases. /d. Rule 412 provides that “[i]f a party intends to offer evidence under Rule 412(b),” the party must file a motion specifically describing the evidence and the purpose of the evidence, Fed. R. Evid. 412(c)(1)(A), DOJ-OGR-00005237