Can evidence of the commission of another sexual offence be excluded in a sexual assault case?

California, United States of America


The following excerpt is from People v. Rosales, E055105 (Cal. App. 2013):

Section 1108, subdivision (a), provides that: "In a criminal action in which the defendant is accused of a sexual offense, 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." Section 352 permits the court, in its discretion, to exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. We apply the abuse of discretion standard in reviewing the trial court's resolution of the issue. (People v. Kipp (1998) 18 Cal.4th 349, 371.)

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