Does the credibility of the witness in a sexual assault case have to be affected by the prior criminal act of the accused?
California, United States of America
The following excerpt is from People v. WALLACE, 189 P.3d 911, 44 Cal.4th 1032, 81 Cal.Rptr.3d 651 (Cal. 2009):
of the prior criminal act is equivocal, that circumstance affects the credibility of the witness, not the admissibility of his or her testimony. The trial court does not abuse its discretion if, [v]iewing the totality of the evidence presented, a rational jury could conclude that defendant was the one who committed the act. [Citation.] ( People v. Smithey (1999) 20 Cal.4th 936, 991, 86 Cal.Rptr.2d 243, 978 P.2d 1171.)
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