California, United States of America
The following excerpt is from People v. Macias, E051726, Super.Ct.No. RIF10000681 (Cal. App. 2011):
People v. Abilez (2007) 41 Cal.4th 472, 502 [Evidence Code section 1108 expanded the admissibility of disposition or propensity evidence in sex offense cases.].) Defendant's disposition towards sexual offenses supports the inference that defendant did not merely touch the victim's breast and jeans by accident or as part of the struggle. Rather, the evidence supports the inference that defendant intended to rape the victim. In sum, substantial evidence supports the jury's finding that defendant committed assault with the intent to rape.
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