What is the test for allowing evidence of sexual assault to be presented before a jury in a sexual assault case?

California, United States of America


The following excerpt is from People v. Borowiec, A137282 (Cal. App. 2014):

"The trial court is vested with broad discretion to weigh a defendant's proffered evidence, prior to its submission to the jury, 'and to resolve the conflicting interests of the complaining witness and the defendant.' " (People v. Mestas (2013) 217 Cal.App.4th 1509, 1514.) "A trial court's ruling on the admissibility of prior sexual conduct will be overturned on appeal only if appellant can show an abuse of discretion." (People v. Chandler (1997) 56 Cal.App.4th 703, 711.)

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