Can a charged sex crime be used to prove a defendant's propensity to commit another sex crime?
California, United States of America
The following excerpt is from People v. Gontiz, A141234 (Cal. App. 2015):
The instruction was proper. A charged sex crime may be used to prove a defendant's propensity to commit another sex crime charged in the same case. (People v. Villatoro (2012) 54 Cal.4th 1152, 1156.) "[N]othing in the language of [Evidence Code] section 1108 restricts its application to uncharged offenses." (Id. at p. 1164.) In Villatoro,
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