Can evidence of sexual assault be used in a sexual assault case?

California, United States of America


The following excerpt is from People v. Young, 2d Crim. No. B264175 (Cal. App. 2017):

Appellant asserts that the court erred in admitting evidence of his 1982 sexual assault of L.G. and his 2008 sexual assault of T.Y. We conclude the evidence was properly admitted under sections 1108 and 352. Accordingly, we need not decide whether the evidence was also admissible under section 1101, subdivision (b). (People v. Soto (1998) 64 Cal.App.4th 966, 992.)

"[E]vidence of uncharged sex crimes admitted under . . . section 1108 may be used in a sex offense prosecution to demonstrate the defendant's disposition to commit such crimes. [Citation.]" (People v. McCurdy (2014) 59 Cal.4th 1063, 1095.) "Admissibility under . . . section 1108 does not require that the sex offenses be similar; it is enough the charged offense and the prior crimes are sex offenses as defined by the statute. [Citation.]" (People v. Jones (2012) 54 Cal.4th 1, 50.)

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