Can prior sexual abuse evidence be used to prove propensity to commit another sexual offence?

California, United States of America


The following excerpt is from People v. Dyson, C073254 (Cal. App. 2016):

"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 [Evidence Code] Section 1101, if the evidence is not inadmissible pursuant to [Evidence Code] Section 352." (Evid. Code, 1108, subd. (a).) "Nearly every published opinion interpreting [Evidence Code] section 1108 (including some from this court) has recognized that this provision allows, when proper, evidence of prior uncharged sexual offenses to prove propensity. [Citations.]" (People v. Villatoro (2012) 54 Cal.4th 1152, 1160.)

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