What is the test for admitting evidence of sexual assault in a civil case?

Evidence of other crimes is generally not admissible merely to show a criminal disposition, but it may be admitted if relevant to show a material fact such as identity. (Evid.Code 1101 ; cf. Evid.Code 1108 [special rule concerning evidence of sex offenses].) The admissibility of such evidence depends on (1) the materiality of the facts to be proved; (2) the tendency of the evidence to prove those facts; and (3) the existence of a rule or policy, such as that of Evidence Code section 352, requiring exclusion of the evidence. (People v. Kelly, supra, 42 Cal.4th at p. 783, 68 Cal.Rptr.3d 531, 171 P.3d 548.) Because substantial

[63 Cal.4th 453]