Is there any case law where a defendant has been charged with a sexual offence committed by another defendant as a result of his past sexual conduct?

California, United States of America

The following excerpt is from People v. Smith, C076383 (Cal. App. 2016):

Moreover, notwithstanding subdivision (a) of Evidence Code section 1101, "[u]nder Evidence Code section 1108, in the trial of sexual offense charges, evidence the defendant committed another sexual offense may be admissible to prove the defendant has a propensity to engage in such conduct." (People v. Cottone (2013) 57 Cal.4th 269, 276, fn. omitted.) Uncharged sexual offense propensity evidence is permitted "so long as

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the evidence is admissible under section 352." (People v. Jandres (2014) 226 Cal.App.4th 340, 353.)

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