Can a jury consider prior incidents of sexual misconduct for the purpose of determining whether a defendant is guilty of the same crime?

California, United States of America


The following excerpt is from People v. Rosson, D069305 (Cal. App. 2016):

"Subject to Evidence Code section 352, Evidence Code section 1108 permits a jury to consider prior incidents of sexual misconduct for the purpose of showing a defendant's propensity to commit offenses of the same type, and essentially allowing such evidence to be used in determining whether the defendant is guilty of the current sexual offense charge." (People v. Miramontes (2010) 189 Cal.App.4th 1085, 1096 (Miramontes).) On appeal, we review the admission of other crimes evidence under Evidence Code section 1108 for an abuse of the trial court's discretion. (Id. at p. 1097.) The trial court weighs the probative value of proffered prior crimes evidence with its potential of causing undue prejudice. (Id. at pp. 1097-1098.)

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