Can a defendant be found guilty of a sex offence by reason of propensity?

California, United States of America


The following excerpt is from People v. Green, G049356 (Cal. App. 2016):

Evidence of a defendant's prior bad acts is generally inadmissible to prove his behavior on a specific occasion or his propensity for criminal activity. ( 1101, subd. (a).) However, such evidence may be admitted to prove some other material fact in the case, such as motive or intent. (Id., subd. (b).) An exception to the propensity rule also exists in cases involving sex crimes. In such cases, "evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by [s]ection 1101 if the evidence is not inadmissible pursuant to [s]ection 352." ( 1108, subd. (a).) So long as the uncharged sex crimes are not barred by section 352, they may be used as propensity evidence in sex crime cases to prove the defendant is disposed to commit such crimes and thus guilty of the charged offense. (People v. Falsetta (1999) 21 Cal.4th 903, 911-912.)

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