What is the proper use of evidence of sexual assault by the jury in a sexual assault case?

California, United States of America


The following excerpt is from People v. Viramontes, B252616 (Cal. App. 2014):

The jury was instructed on the proper use of evidence of prior offenses. The jury was instructed on reasonable doubt (CALCRIM No. 220), evidence of an uncharged sex offense (CALCRIM No. 1191), and that the prosecution was required to prove each element of the charged offenses (CALCRIM No. 1110). These instructions eliminated the risk defendant would be convicted based on his conduct in the prior offenses by properly focusing the jury on the requirement that each element of the charged offense must be proven beyond a reasonable doubt. (See People v. Frazier, supra, 89 Cal.App.4th at p. 42.)

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