Can evidence of a prior sexual offence be considered in a sexual assault case?

California, United States of America


The following excerpt is from People v. Cole, H046569 (Cal. App. 2021):

Evidence Code section 1108, subdivision (a) provides: "In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by [Evidence Code] Section 1101, if the evidence is not inadmissible pursuant to [Evidence Code] Section 352." Evidence of prior sexual offenses under Evidence Code section 1108 may be considered for any relevant purpose, "subject only to the prejudicial effect versus probative value weighing process required by [Evidence Code] section 352." (People v. Britt (2002) 104 Cal.App.4th 500, 505.)

Other Questions


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)
Can a jury consider prior incidents of sexual misconduct as evidence in a sexual assault case? (California, United States of America)
What is the test for using evidence of an uncharged sexual offence as evidence in a sexual assault case? (California, United States of America)
When a defendant is accused of a sexual offence in a criminal action in which he is also accused of another sexual offence, is evidence of his disposition to commit such crimes considered to be inadmissible under California Evidence Code section 1108? (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 test for allowing evidence of a prior sexual assault in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (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)
In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.