What is the test for admitting evidence of sexual abuse in a civil case?

California, United States of America


The following excerpt is from People v. Lantz, G053818 (Cal. App. 2017):

As a general rule, "evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion." (Evid. Code, 1101, subd. (a).) However, this provision does not prohibit "the admission of evidence that a person committed a crime, civil wrong, or other act when relevant to prove some fact (such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, or whether a defendant in a prosecution for an unlawful sexual act or attempted unlawful sexual act did not reasonably and in good faith believe that the victim consented) other than his or her disposition to commit such an act." (Evid. Code, 1101, subd. (b).) We review the court's decision admitting evidence of other crimes for an abuse of discretion. (People v. Catlin (2001) 26 Cal.4th 81, 122.)

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