What is the test for the admissibility of evidence of prior sex abuse in a sexual assault case?

California, United States of America


The following excerpt is from People v. Carder, E062736 (Cal. App. 2015):

"This court reviews the admissibility of evidence of prior sex offenses under an abuse of discretion standard. [Citation.] A trial court abuses its discretion when its ruling 'falls outside the bounds of reason.'" (People v. Wesson (2006) 138 Cal.App.4th 959, 969.) The trial court need not detail the weighing process on the record to comply with the requirements of section 352. (People v. Williams (1997) 16 Cal.4th 153, 213-214.)

Other Questions


What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the test for admissibility of prior sexual conduct evidence in a sexual assault case? (California, United States of America)
What is the test for allowing evidence of a prior sexual assault in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
What is the effect of admitting evidence of sexual abuse committed by defendant in a sexual assault case? (California, United States of America)
Is there any case law where evidence of domestic violence, sexual abuse, or sexual assault was not excluded from a jury trial? (California, United States of America)
What is the test for admitting evidence of a defendant's prior sexual abuse as propensity evidence in a sex crime case? (California, United States of America)
Can evidence of a prior sexual offence be considered in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.