What is the test for admissibility of character evidence in a sexual assault case?

To satisfy the requirement of materiality, the fact sought to be proved may be either an ultimate fact in the proceeding or an intermediate fact from which such ultimate fact may be presumed or inferred. Further, the ultimate fact to be proved must be actually in dispute. If an accused has not actually placed the ultimate fact in issue, evidence of uncharged offenses may not be admitted to prove it. (People v. Thompson, supra, 27 Cal.3d at p. 315, 165 Cal.Rptr. 289, 611 P.2d 883.)

The test of admissibility of character evidence is therefore whether there is

Page 229