What is the test for admitting or excluding evidence in a sexual assault case?

Even if admissible under Evidence Code section 1101, subdivision (b), the evidence may nonetheless be excluded if its relevance is substantially outweighed by its prejudicial effect. (Evid. Code, 352.) In deciding whether to admit or exclude evidence, the trial court has broad discretion and its "exercise of discretion will not be disturbed on appeal except upon a showing that it was exercised in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice." (People v. Brown (2011) 192 Cal.App.4th 1222, 1233.)

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