What is the test for admissible evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Diaz, F063116 (Cal. App. 2013):

"'Of course, only relevant evidence is admissible. (Evid. Code, 350.)'" (People v. Rundle (2008) 43 Cal.4th 76, 129.) Evidence is relevant if it tends "to prove or disprove any disputed fact that is of consequence to the determination of the action." (Evid. Code, 210.) "The test of relevance is whether the evidence 'tends "logically, naturally, and by reasonable inference" to establish material facts such as identity, intent, or motive.' [Citation.] The trial court has broad discretion in determining the relevance of evidence, but lacks discretion to admit irrelevant evidence. [Citation.] We review for abuse of discretion a trial court's rulings on the admissibility of evidence. [Citations.]" (People v. Benavides (2005) 35 Cal.4th 69, 90.)

Other Questions


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 using evidence of an uncharged sexual offence as evidence in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for admitting evidence of sexual assault in a sexual assault case? (California, United States of America)
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)
What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
In a sexual assault case, what is the burden of proving that the court erred when it ruled in limine that evidence that he had committed sexual battery against two adult women by touching their buttocks against their will was admissible? (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)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
Can evidence of sexual assault be used in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.