Is there any difference between a prior sexual assault and the current sexual assault?

California, United States of America


The following excerpt is from People v. Khalif, E062821 (Cal. App. 2016):

Furthermore, the degree of similarity between the two incidents is relevant to the issue of whether evidence of the prior sexual offense was admissible under Evidence Code section 1108, subdivision (a). As in Miramontes, the two incidents were not unduly remote in time, as defendant committed the prior sexual offense in 2007 and the current one in 2011. (People v. Miramontes, supra, 189 Cal.App.4th at p. 1102 [four-year passage of time did not make prior sexual offense unduly remote or dissimilar from charged offense].) In both incidents, defendant attempted to engage teenagers in lewd and lascivious behavior. Additionally, the trial court instructed the jury that they could

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