What is the test for determining whether a defendant was disposed or inclined to commit a rape or sexual assault?

California, United States of America


The following excerpt is from People v. Anderson, E069057 (Cal. App. 2019):

There, the defendant was charged with multiple rapes and sodomy. (People v. Villatoro, supra, 54 Cal.4th at p. 1167; see also id. at pp. 1156-1158.) The trial court gave a modified version of former CALCRIM No. 1191, which stated: "If you decide that the defendant committed one of these charged offenses, you may, but are not required to, conclude from that evidence that the defendant was disposed or inclined to commit the other charged crimes of rape or sodomy, and based on that decision also conclude that the defendant was likely to and did commit the other offenses of rape and sodomy charged. If you conclude that the defendant committed a charged offense, that conclusion is only one factor to consider along with all the other evidence. It is not sufficient by itself to prove the defendant is guilty of another charged offense. The People must still prove each element of every charge beyond a reasonable doubt and prove it beyond a reasonable doubt before you may consider one charge as proof of another charge." (Id. at p. 1167.)

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