What is the test for admissibility of an uncharged sexual assault under section 1108 of the California Evidence Code?
California, United States of America
The following excerpt is from People v. Valentine, 91 Cal.Rptr.2d 560 (Cal. App. 1999):
The final factor is probative value. The prior act and the charged crimes did not present the degree of similarity required for admissibility under Evidence Code section 1101, subdivision (b). But that is not the standard for admissibility of uncharged sexual offenses under Evidence Code section 1108. (See People v. Harris, supra, 60 Cal.App.4th at p. 740.)
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