What is the test for admissibility of prior sexual conduct evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Love, C089356 (Cal. App. 2020):

Section 782, "vests broad discretion in the trial court to weigh the defendant's proffered evidence prior to its submission to the jury and to resolve the conflicting interests of the victim and the defendant." (People v. Casas (1986) 181 Cal.App.3d 889, 895-896.) We will overturn a trial court's ruling as to the admissibility of prior sexual conduct evidence only if a defendant can show the trial court abused its discretion. (People v. Chandler (1997) 56 Cal.App.4th 703, 711.)

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