Is third party evidence admissible in a sexual assault case?

California, United States of America


The following excerpt is from People v. Machuca, B253171 (Cal. App. 2015):

offense charged," is admissible. (People v. Hall (1986) 41 Cal.3d 826, 829 (Hall).) Thus, "[t]o be admissible, the third party evidence need not show 'substantial proof of a probability' that the third person committed the act; it need only be capable of raising a reasonable doubt of defendant's guilt." (Id. at p. 833.) However, "we do not require that any evidence, however remote, must be admitted to show a third party's possible culpability . . . . [E]vidence of mere motive or opportunity to commit the crime in another person, without more, will not suffice to raise a reasonable doubt about a defendant's guilt: there must be direct or circumstantial evidence linking the third person to the actual perpetration of the crime." (Ibid.) Moreover, relevant evidence of third party culpability is subject to the usual considerations under Evidence Code section 352 and may be excluded where its probative value is substantially outweighed by the risk of undue delay, prejudice, or confusion. (Id. at p. 834.)

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