California, United States of America
The following excerpt is from People v. Van Druten, D074689 (Cal. App. 2019):
Evid. Code, 1101.) But Evidence Code section 1108 creates a statutory exception to this rule for sex offense cases like this one. (People v. Erskine (2019) 7 Cal.5th 279, 295.) The statute provides in relevant part: "In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not inadmissible pursuant to Section 352." (Evid. Code, 1108, subd. (a).) Both charged and uncharged prior sexual offenses may be admitted under this statute. (See Falsetta, at pp. 917-918; People v. Villatoro (2012) 54 Cal.4th 1152, 1160, 1164.)
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