Is prior sexual assault evidence excluded as unduly prejudicial?

California, United States of America


The following excerpt is from People v. Czub, C046682 (Cal. App. 8/22/2007), C046682 (Cal. App. 2007):

In People v. Harris (1998) 60 Cal.App.4th 727, this court identified the following factors relevant to the question whether prior sexual offense evidence should be excluded as unduly prejudicial: (1) The inflammatory nature of the evidence; (2) The probability of confusing the jury with the evidence; (3) The remoteness of the prior offenses; (4) Whether introduction of the evidence would involve an undue consumption of time; and (5) The probative value of the evidence. (Id. at pp. 737-741.)

Other Questions


Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
What is the test for excluding prejudicial or prejudicial evidence in a sexual assault case? (California, United States of America)
How have courts interpreted section 352 of the California Evidence Code for excluding prejudicial evidence in a sexual assault case? (California, United States of America)
What is the test for allowing evidence of a prior sexual assault in a sexual assault case? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
Can evidence of a prior sexual offence be considered in a sexual assault case? (California, United States of America)
Is there any difference between a prior sexual assault and the current sexual assault? (California, United States of America)
Is there any case law where evidence of prior criminal activity has been excluded as unduly prejudicial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.