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

California, United States of America


The following excerpt is from People v. Karis, 250 Cal.Rptr. 659, 46 Cal.3d 612, 758 P.2d 1189 (Cal. 1988):

The trial court is vested with wide discretion in determining the admissibility of evidence. Its exercise of discretion under Evidence Code section 352 will not be disturbed on appeal absent a clear abuse, i.e., unless the prejudicial effect of the evidence clearly outweighs its probative value. (People v. Allen (1986) 42 Cal.3d 1222, 1255-1256, 232 Cal.Rptr. 849, 729 P.2d 115.) Moreover, the record must affirmatively show that the trial court did in fact weigh the prejudicial effect of the evidence against its probative value. (People v. Green (1980) 27 Cal.3d 1, 25, 164 Cal.Rptr. 1, 609 P.2d 468.) That requirement is met here and we find no abuse of discretion in the admission of this evidence.

Other Questions


What is the test for admitting prior sexual assault 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)
In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
What is the effect of admitting evidence of sexual abuse committed by defendant in a sexual assault case? (California, United States of America)
What is the test for admitting evidence of sexual assault in a civil case? (California, United States of America)
What is the test for admitting or not admitting evidence in a sexual assault case? (California, United States of America)
Can evidence of sexual intent be admitted in a sexual assault case? (California, United States of America)
What is the test for admitting evidence of sexual assault in a civil case? (California, United States of America)
What is the test for admitting evidence of sexual assault in a civil 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.