What is the test for excluding evidence in a sexual assault case where the alleged victim has a history of sexual abuse?

California, United States of America


The following excerpt is from People v. Cooper, G042559 (Cal. App. 3/2/2010), G042559. (Cal. App. 2010):

We agree with the trial court that the type of evidence defendant attempted to introduce would merely invite the jury to speculate; there was no indication that any of these characteristics of the victim was present the night she disappeared. "A trial court's exercise of discretion in admitting or excluding evidence is reviewable for abuse [citation] and will not be disturbed except on a showing the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice [citation]." (People v. Tuggles (2009) 179 Cal.App.4th 339, 361; see People v. Davis (2009) 46 Cal.4th 539, 602.) The court had a rational basis for excluding the evidence and there is no reason for us to conclude its rulings constituted an abuse of discretion.

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