What is the effect of section 352 of the California Code of Civil Procedure on the defence against sexual assault?

California, United States of America


The following excerpt is from People v. Vasquez, D070638 (Cal. App. 2017):

the probability that its admission will . . . create a substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." ( 352.) The undue prejudice section 352 " 'is designed to avoid is not the prejudice or damage to a defense that naturally flows from relevant, highly probative evidence. . . . "[It] applies to evidence which uniquely tends to evoke an emotional bias against the defendant as an individual and which has very little effect on the issues. In applying section 352, 'prejudicial' is not synonymous with 'damaging.' " [Citation.]' " (People v. Lopez (2013) 56 Cal.4th 1028, 1059, disapproved on other grounds by People v. Rangel (2016) 62 Cal.4th 1192, 1216.)

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