dissenting.
I agree with the majority and the Court of Special Appeals that “a prior conviction for a third degree sexual offense is not admissible for purposes of impeachment pursuant to Md. Rule 5-609.” I also agree with the majority that evidence regarding the 2001 incident was admissible under the “sexual propensity” exception to the general rule excluding “other bad acts” evidence. If the State had not been entitled to introduce evidence of the 2001 incident, I would agree that the respondent is entitled to a new trial. Because evidence of the 2001 incident was admissible, however, I would reinstate the judgment of conviction.
If the respondent had been testifying in a civil case (whether as plaintiff, defendant, or non-party witness), it would have been improper to ask him whether he had been convicted of a *496third degree sexual offense. It would also have been improper to ask the respondent this question if he had been testifying in a criminal case as (1) a non-party witness, or (2) the criminal defendant charged with any offenses other than sexual offenses alleged to have been committed against the very same victim of the sexual offense for which he was convicted in 2002. In the case at bar, however, the State was entitled to prove that the respondent committed the 2001 offense. Under these unique circumstances, the State was entitled to introduce evidence of the respondent’s 2002 guilty plea-not merely for purposes of impeachment, but as circumstantial evidence that he committed the 2005 offenses.
The record shows that respondent’s trial counsel argued that there were two reasons why the circuit court should deny the State’s motion to introduce evidence of the 2001 offense, the first reason being “the fact that this motion [was] filed at the last moment prior to trial.” Respondent’s trial counsel then stated:
I would strongly request that the Court deny it on the basis of the fact that any possible probative value that such conviction would have is highly outweighed by the extreme prejudice and unfair prejudice that it would bring upon the Defendant in this particular case.
Obviously, once the jury hears that the Defendant has a prior conviction for a third degree sexual offense, the Defendant is charged with second degree rape in this particular case, third degree sexual offense and other related offenses, even though the Court may and likely would give limiting instructions, I don’t think that the jury would be able to dispel that—one, follow the Court’s instruction, and two, the fact that once they hear that, they will unfairly hold it against him. That there’s a propensity or an identity for illicit sexual relations with the victim in this case, they would convict him upon hearing that charge in and of itself.
I don’t think that the Court can in this particular case find that the State’s alleged need or need for this evidence is outweighed by its prejudicial effect against the Defendant.
*497The circuit court, expressly relying on the case of Oesby v. State, 142 Md.App. 144, 788 A.2d 662 (2002), ruled that evidence of the 2001 offense was admissible because the court found that this evidence (1) fell under the “intent exception” to the rule excluding “other crimes evidence,” (2) was “more than clear and convincing,” and (3) “would outweigh the unduly prejudicial effect[.]” Because this Court has affirmed that ruling, respondent’s present conviction should not be reversed on the ground that he was unfairly prejudiced by the cross-examination about his 2002 guilty plea.
I am persuaded that the respondent’s direct examination opened the door to the cross-examination about the disposition of the charges that resulted from the 2001 incident. The record shows that, during the respondent’s direct examination, he made a vague reference to “not going through this again,” which insinuated that the victim’s testimony about the 2001 incident was as false as her testimony about the 2005 incidents. If the State had been prohibited from questioning the respondent about this remark, the jurors may well have (1) accepted the respondent’s testimony that “[njothing happened in 2001,” and (2) applied the jalsus in uno, falsus in omnibus inference to the victim’s testimony about what occurred in 2005.
It is well settled that, although a plea of guilty to a criminal charge does not conclusively establish liability in a civil action arising out of the incident that resulted in the criminal charge, such a plea constitutes an evidentiary admission that may be introduced into evidence during a subsequent civil proceeding. See Crane v. Dunn, 382 Md. 83, 93, 854 A.2d 1180, 1186 (2004), Brohawn v. Transamerica Insurance Company, 276 Md. 396, 403, 347 A.2d 842, 848 (1975), and Campfield v. Crowther, 252 Md. 88, 100, 249 A.2d 168, 176 (1969). This rule should be equally applicable to the case at bar and to every other criminal case in which (1) whether or not the defendant testifies, the State is entitled to prove that the defendant committed a particular offense, and (2) the defendant entered a plea of guilty to having committed that particular offense. When this rule is applicable and the defendant chooses to *498testify, regardless of what occurs during the direct examination, the prosecutor should be allowed to ask the defendant (1) whether the defendant committed that offense, and (2) whether the defendant entered a plea of guilty to having done so.
On the issue of whether the respondent was unfairly prejudiced by evidence of his 2002 conviction, the record shows that during the jury instruction conference, respondent’s trial counsel (1) objected only to “the other crimes evidence instruction,” and (2) actually requested that the circuit court deliver an “impeachment on a prior conviction” instruction. The following transpired after the circuit court had begun to instruct the jury:
[Defense counsel]: Excuse me, Your Honor. There’s a matter I need to bring to your attention prior to you proceeding.
May we approach please?
The Court: Yes.
[Defense counsel]: Thank you.
Whereupon, counsel approached the bench, and the following ensued:
[Defense counsel]: Based on the Court’s decision to allow the State to impeach Mr. Westpoint with a prior conviction of the sex offense, I am going to object to the Court reading impeachment by prior conviction. I wanted to put that on the record before you read it. That’s why I stopped you now, but I’ll also make an exception to it after you read it. That’s not the one-there’s a different one, the one we talked about before you started reading the instructions.
The Court: I don’t understand what you’re saying.
[Defense counsel]: Okay.
The Court: It’s highly unusual to interrupt the instructions.
[Defense counsel]: I understand, Your Honor, but I didn’t want to possibly waive any rights.
The Court: I’m going to instruct as they appear.
[Defense counsel]: I beg your pardon?
*499The Court: I’m going to instruct as the instructions appear.
[Defense counsel]: I understand. You asked me before we started, did I have anything to object to and I mentioned one, but I didn’t mention the other.
The Court: Okay. [Defense counsel]: Thank you.
The jury was instructed as follows:
With regard to the proof of intent, you’re instructed as follows: Intent is a state of mind and ordinarily cannot be proven directly because there is no way of looking into another person’s mind. Therefore, a Defendant’s intent may be shown by surrounding circumstances.
In determining the Defendant’s intent, you may consider the Defendant’s acts and statements, as well as surrounding circumstances. Further, you may, but you’re not required to infer that a person ordinarily intends the natural and probable consequences of his acts.
In this case, you’ve heard evidence that the Defendant pleaded guilty to the crime of third degree sexual offense in 2001 which is not a charge in this case. You may consider this evidence only on the question of the Defendant’s intent in this case.
You’ve heard evidence that the Defendant has been convicted of a crime. You may consider this evidence in deciding whether the Defendant is telling the truth, but for no other purpose. You may not use the conviction as any evidence that the Defendant committed the crime charged in this case.
When the circuit court asked whether there were any exceptions to the jury instructions, respondent’s trial counsel stated, “Yes, Your Honor, based on what we discussed earlier. Same ones.” No exception was noted on the ground that the limiting “other crimes evidence” instruction was in conflict with the limiting “impeachment by conviction” instruction. I am persuaded that, because of this Court’s holding that evidence of the respondent’s 2001 offense was “substantively” admissible, the above quoted jury instructions actually gave him an advantage to which he was not entitled. I would *500therefore hold that the respondent was not unfairly prejudiced by the evidence relating to his 2002 guilty plea, and would order that his judgment of conviction be reinstated.