California, United States of America
The following excerpt is from People v. Mejia, A128526 (Cal. App. 2011):
Defendant cites People v. Wall (1979) 95 Cal.App.3d 978. In that case, the victim accused the defendant of rape and the defendant testified that the two had not engaged in intercourse. There was no physical evidence of rape. The trial court admitted the testimony of the victim's ex-boyfriend that she had threatened to make a false allegation of rape against him (id. at p. 983), but the following day instructed the jury to disregard that testimony, based on Evidence Code section 787 (id. at pp. 983-984). Section 787 provides that "evidence of specific instances of his conduct relevant only as tending to prove a trait of his character is inadmissible to attack or support the credibility of a witness." In reversing the defendant's conviction, the appellate court held that "in a criminal trial on a charge of rape by force and violence or threats of great and immediate bodily harm, the trial courtunder the exercise of discretion conferred by Evidence Code
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