Does the passage of time render prior sexual assault evidence prejudicial?

California, United States of America


The following excerpt is from People v. Soto, 64 Cal.App.4th 966, 75 Cal.Rptr.2d 605 (Cal. App. 1998):

As for the passage of time, we note the victims were within the same age range as Angelique when the prior acts occurred. As discussed in United States v. Larson, supra, 112 F.3d 600, 605, the passage of a substantial length of time does not automatically render the prior incidents prejudicial. Here, the propensity evidence was extremely probative of appellant's sexual misconduct when left alone with young female relatives, and is exactly the type of evidence contemplated by the enactment of section 1108 and the parallel [64 Cal.App.4th 992] federal rules. The prejudice presented by this evidence is the type inherent in all propensity evidence and does not render the evidence inadmissible.

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