Is evidence that does not support the allegation of sexual assault admissible to assist in resolving a doubt as to the identity of the perpetrator admissible?
California, United States of America
The following excerpt is from People v. Vantuinen, B261581, B270299 (Cal. App. 2018):
14. "Evidence having a tendency to prove motive of the defendant to commit the particular crime charged is admissible to assist in resolving a doubt as to the identity of the perpetrator, no matter how that evidence may reflect on the defendant and even when it may show that he has committed other offenses. [Citations.]" (People v. Morales (1979) 88 Cal.App.3d 259, 264.)
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