How has Section 1101(b) of the California Code of Civil Procedure been interpreted in a sexual assault case?

California, United States of America


The following excerpt is from People v. West, C084521 (Cal. App. 2020):

crimes were committed, were sufficiently similar to each other to support an inference that the perpetrator acted according to a common design or plan. (People v. Thomas (1978) 20 Cal.3d 457, 465 [recognizing that evidence of prior sexual misconduct "committed with persons other than the prosecuting witness . . . is admissible to show a common design or plan where the prior offenses (1) are not too remote in time, (2) are similar to the offense charged and (3) are committed upon persons similar to the prosecuting witness"].) Evidence of each attack was therefore cross-admissible under Section 1101(b) to prove defendant committed the crimes according to a common plan or design.

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