What is the test for exclusion of evidence in a sexual assault case?

California, United States of America


The following excerpt is from Eye v. Kafer, Inc., 20 Cal.Rptr. 841, 202 Cal.App.2d 449 (Cal. App. 1962):

'The fact that the hostility arose a considerable period prior to the date of the trial would appear to be no reason for the exclusion of the evidence if the hostility and prejudice [202 Cal.App.2d 458] had continued. But it would seem to be necessary to make it appear either that the hostility exists at the time of the trial, or that it arose so recently that it can be assumed to continue.' (See also Salle v. Mayer, 91 Cal. 165, 167-168, 27 P. 513.)

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