What is the reason why a defendant is denied evidence of a prior sexual assault?

California, United States of America


The following excerpt is from People v. Sanchez, H041494 (Cal. App. 2017):

Indeed, "the reason for excluding evidence of prior sexual offenses in such cases is not because that evidence lacks probative value; rather, it is because ' "it has too much." ' " (People v. Branch (2001) 91 Cal.App.4th 274, 283 (Branch).) "By reason of [Evidence Code] section 1108, trial courts may no longer deem 'propensity' evidence unduly prejudicial per se, but must engage in a careful weighing process under [Evidence Code] section 352. Rather than admit or exclude every sex offense a defendant commits, trial judges must consider such factors as its nature, relevance, and possible remoteness, the degree of certainty of its commission and the likelihood of confusing, misleading, or distracting the jurors from their main inquiry, its similarity to the charged offense, its likely prejudicial impact on the jurors, the burden on the defendant in defending against the uncharged offense, and the availability of less prejudicial alternatives to its outright admission, such as admitting some but not all of the defendant's other sex offenses, or excluding irrelevant though inflammatory details surrounding the offense. [Citations.] [] . . . [T]he probative value of 'other crimes' evidence is increased by the relative

Page 17

Other Questions


Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
What is the test for allowing evidence of a prior sexual assault in a sexual assault case? (California, United States of America)
Is evidence of sexual assault against a defendant in a sexual assault case not inadmissible? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
Does a defendant's sexual misconduct with respect to both victims of the same sexual assault have a greater probative value than the accused's prior sexual misconduct? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
Is evidence of sexual assault against a defendant not inadmissible under section 1101 of the California Sexual Offences Act? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.