What is the probative value of statements made by a victim to defendant in a sexual assault case?

California, United States of America


The following excerpt is from People v. Bowcutt, C037213 (Cal. App. 11/25/2003), C037213. (Cal. App. 2003):

Defendant contends the probative value of the victim's statements was minimized because the victim did not identify defendant by name or otherwise clearly indicate that defendant was the person she feared. However, as already discussed, the evidence established that defendant was the person who had moved in next door to her and was the only person staying at the burned-out house. The trial court did not abuse its discretion in determining that the probative value of this evidence outweighed its prejudicial effect. (See People v. Karis (1988) 46 Cal.3d 612, 637.)

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