How have courts treated "propensity" evidence in sexual assault cases?

California, United States of America


The following excerpt is from People v. Campos, A133830 (Cal. App. 2013):

Our assessment of this argument begins with reference to People v. Falsetta (1999) 21 Cal.4th 903, where the court addressed the relationship between the two evidence statutes. "By reason of [Evidence Code] section 1108, trial courts may no longer deem 'propensity' evidence unduly prejudicial per se, but must engage in a careful weighing process under [Evidence Code] section 352. Rather than admit or exclude every sex offense a defendant commits, trial judges must consider such factors as its nature, relevance, and possible remoteness, the degree of certainty of its commission and the likelihood of confusing, misleading, or distracting the jurors from their main inquiry, its similarity to the charged offense, its likely prejudicial impact on the jurors, the burden on the defendant in defending against the uncharged offense, and the availability of less prejudicial alternatives to its outright admission, such as admitting some but not all of the defendant's other sex offenses, or excluding irrelevant though inflammatory details surrounding the offense." (Id. at pp. 916-917.)

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