What is the test for admissible evidence of a defendant's character in a sexual assault case?

California, United States of America


The following excerpt is from People v. Williams, D069667 (Cal. App. 2016):

Generally, evidence of a defendant's character is not admissible to prove his conduct on a specific occasion conformed to his character. ( 1101, subd. (a).) An exception to this rule provides: "In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not inadmissible pursuant to Section 352." ( 1108, subd. (a).) Because evidence a defendant committed prior sex offenses is " 'particularly probative' " in a sex offense case (People v. Story (2009) 45 Cal.4th 1282, 1293), such propensity evidence is presumptively admissible unless, under section 352, its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or create substantial danger of undue prejudice, confusing the issues or misleading the jury. (People v. Loy (2011) 52 Cal.4th 46, 62.) " 'This determination is entrusted to the sound

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