Does section 1108 of the California Code of Civil Procedure, Section 1108, allow for "propensity evidence" in sexual assault cases?

California, United States of America


The following excerpt is from People v. Falsetta, 21 Cal.4th 903, 89 Cal.Rptr.2d 847, 986 P.2d 182 (Cal. 1999):

Available legislative history indicates section 1108 was intended in sex offense cases to relax the evidentiary restraints section 1101, subdivision (a), imposed, to assure that the trier of fact would be made aware of the defendant's other sex offenses in evaluating the victim's and the defendant's credibility. In this regard, section 1108 implicitly abrogates prior decisions of this court indicating that "propensity" evidence is per se unduly prejudicial to the defense. (See, e.g., People v. Alcala (1984) 36 Cal.3d 604, 630-631, 205 Cal.Rptr. 775, 685 P.2d 1126 (Alcala).)

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