What is the test for admitting "propensity evidence" in a sexual assault case?

Generally, "evidence is inadmissible when offered by the opposing party to prove the defendant's conduct on a specified occasion ([Evid. Code] 1101, subd. (a)), unless it involves commission of a crime, civil wrong or other act and is relevant to prove some fact (e.g., motive, intent, plan, identity) other than a disposition to commit such an act ([Evid. Code] 1101, subd. (b))." (People v. Falsetta (1999) 21 Cal.4th 903, 911, emphasis in original.) Evidence Code section 1108 created an exception to this general rule, permitting the admission of "propensity" evidence in certain cases. Subdivision (a) of Evidence Code section 1108 provides, "In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not inadmissible pursuant to Section 352." (Evid. Code, 1108, subd. (a).)

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