Does a defendant's sexual misconduct with respect to both victims of the same sexual assault have a greater probative value than the accused's prior sexual misconduct?

California, United States of America


The following excerpt is from People v. Shultz, D069906 (Cal. App. 2016):

In addition, defendant's sexual misconduct with respect to both victims was similar, as the prosecutor correctly noted, inasmuch as there was sexual intercourse, oral copulation both of defendant and each victim and digital penetration of each victim. (See People v. Cromp (2007) 153 Cal.App.4th 476, 480 (Cromp) [noting the fact a defendant

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"committed a sexual offense on a particularly vulnerable victim in the past logically tends to prove he [or she] did so again with respect to the current offenses"]; see also People v. Branch (2001) 91 Cal.App.4th 274, 285 (Branch) [noting "if the prior offenses are very similar in nature to the charged offenses, the prior offenses have greater probative value in proving propensity to commit the charged offenses"].)

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