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

California, United States of America


The following excerpt is from People v. Thompson, 1 Cal.5th 1043, 210 Cal.Rptr.3d 667, 384 P.3d 693 (Cal. 2016):

judge has the discretion to admit such evidence after weighing the probative value against the prejudicial effect. [Citation.] When reviewing the admission of evidence of other offenses, a court must consider: (1) the materiality of the fact to be proved or disproved, (2) the probative value of the other crime evidence to prove or disprove the fact, and (3) the existence of any rule or policy requiring exclusion even if the evidence is relevant. [Citation.] Because this type of evidence can be so damaging, "[i]f the connection between the uncharged offense and the ultimate fact in dispute is not clear, the evidence should be excluded." [Citation.] [Citation.] "We review for abuse of discretion a trial court's rulings on relevance and admission or exclusion of evidence under Evidence Code sections 1101 and 352." " (People v. Fuiava (2012) 53 Cal.4th 622, 667668, 137 Cal.Rptr.3d 147, 269 P.3d 568.)

Other Questions


For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the test for admitting evidence of sexual assault in a sexual assault case? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
In an argument that may well have been lifted from another case, what is the test for admitting "propensity evidence" in a sexual assault case? (California, United States of America)
What is the effect of admitting evidence of sexual abuse committed by defendant in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
Can evidence of sexual intent be admitted in a sexual assault case? (California, United States of America)
What is the test for admitting evidence of sexual assault in a criminal case? (California, United States of America)
What is the test for admitting or not admitting evidence in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.