What is the test for a sexual assault case where a defendant raped a woman and forced her to orally copulate him?

California, United States of America


The following excerpt is from People v. Balcom, 1 Cal.App.4th 354, 1 Cal.Rptr.2d 879 (Cal. App. 1991):

Support for this rule also appears as dictum in a footnote of the majority's opinion in People v. Tassell (1984) 36 Cal.3d 77, 201 Cal.Rptr. 567, 679 P.2d 1. There the defendant was charged with kidnapping, forcible oral copulation and forcible rape. At trial, he testified the victim consented to the sexual acts. To show a common scheme or plan and to corroborate the victim's testimony, the prosecution was allowed to introduce evidence of two other incidents where defendant raped a woman and forced her to orally copulate him.

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