What is the test for admitting evidence of a defendant's past sexual abuse?

California, United States of America


The following excerpt is from People v. Harlow, C073330 (Cal. App. 2016):

In general, evidence of a defendant's conduct other than what is currently charged is not admissible to prove that the defendant has a criminal disposition or propensity. (Evid. Code, 1101, subd. (a); People v. Kipp (1998) 18 Cal.4th 349, 369.) But as we have explained, in a case where the defendant is charged with a sexual offense, Evidence Code section 1108 authorizes the admission of evidence of the defendant's other sexual offenses if the evidence is not inadmissible under Evidence Code section 352.

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