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

California, United States of America


The following excerpt is from People v. Thompson, 1 Cal.5th 1043, 210 Cal.Rptr.3d 667, 384 P.3d 693 (Cal. 2016):

judge has the discretion to admit such evidence after weighing the probative value against the prejudicial effect. [Citation.] When reviewing the admission of evidence of other offenses, a court must consider: (1) the materiality of the fact to be proved or disproved, (2) the probative value of the other crime evidence to prove or disprove the fact, and (3) the existence of any rule or policy requiring exclusion even if the evidence is relevant. [Citation.] Because this type of evidence can be so damaging, "[i]f the connection between the uncharged offense and the ultimate fact in dispute is not clear, the evidence should be excluded." [Citation.]' [Citation.] ' "We review for abuse of discretion a trial court's rulings on relevance and admission or exclusion of evidence under Evidence Code sections 1101 and 352." ' " (People v. Fuiava (2012) 53 Cal.4th 622, 667668, 137 Cal.Rptr.3d 147, 269 P.3d 568.)

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