Is evidence of a prior false allegation of rape admissible in a sexual assault case?

California, United States of America


The following excerpt is from People v. Heglin, A131766 (Cal. App. 2013):

Evidence Code section 352 provides "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, or confusing the issues, or of misleading the jury." Evidence of a prior false allegation of rape may be admissible. (People v. Tidwell (2008) 163 Cal.App.4th 1447, 1457.) However, "[p]rior rape complaints . . . have no bearing on . . . credibility unless it was also established that those prior complaints were false." (Ibid.)

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