Can a defendant be found guilty of sexual assault by reason of propensity evidence?
California, United States of America
The following excerpt is from People v. Noriega, E059713 (Cal. App. 2015):
accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by [Evidence Code s]ection 1101, if the evidence is not inadmissible pursuant to [Evidence Code s]ection 352." Evidence Code section 1108 permits the introduction of this evidence as propensity evidence. (People v. Falsetta (1999) 21 Cal.4th 903, 911-912 (Falsetta).)
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