What is the test for admitting or denying evidence of historical sexual abuse?

California, United States of America


The following excerpt is from People v. Lopez, H034619 (Cal. App. 2011):

"[A]dmission of other crimes evidence cannot be justified merely by asserting an admissible purpose. Such evidence may only be admitted if it '(a) "tends logically, naturally and by reasonable inference" to prove the issue upon which it is offered; (b) is offered upon an issue which will ultimately prove to be material to the People's case; and (c) is not merely cumulative with respect to other evidence which the People may use to prove the same issue.' [Citation.]" (People v. Guerrero (1976) 16 Cal.3d 719, 724, italics added.)

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