What is the test for using evidence of a defendant's guilt in one sexual offence to prove his propensity to commit another sexual offence?
California, United States of America
The following excerpt is from People v. Scanlan, G057073 (Cal. App. 2020):
Section 1108, subdivision (a), permits evidence of the defendant's guilt in one sexual offense to be used by the jury to prove the defendant's propensity to commit another sexual offense, including when both offenses are charged in the same case. (People v. Villatoro (2012) 54 Cal.4th 1152, 1159-1160.)
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