What are the factors the court must consider in determining if a defendant has been convicted of a sexual assault?

California, United States of America


The following excerpt is from People v. Townsend, 2d Crim. No. B289889 (Cal. App. 2019):

Other factors trial courts must consider include: 1) the remoteness of the prior sexual offenses, 2) whether they are more inflammatory than the charged offense, 3) whether admission of this evidence will involve an undue consumption of time, and 4) whether it could confuse the jury. (People v. Hernandez (2011) 200 Cal.App.4th 953, 965-966.) "The factors to be considered in conducting the analysis depend on the unique facts and issues of each case." (Id. at p. 965.)

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