Is past sexual misconduct admissible in a sexual assault case?
California, United States of America
The following excerpt is from People v. Baldwin, C078056 (Cal. App. 2016):
Evidence Code section 1108 permits evidence of past sexual misconduct to prove propensity to commit the charged sexual offense. (People v. Falsetta (1999) 21 Cal.4th 903, 911.) Uncharged misconduct is admissible if the trial court makes a preliminary determination that the evidence is sufficient for the jury to findby a preponderance of the evidencethat the defendant committed an enumerated offense. (People v. Jandres (2014) 226 Cal.App.4th 340, 353.)
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