What is the test for using evidence of an uncharged sexual offence as evidence in a sexual assault case?
California, United States of America
The following excerpt is from People v. Shaffer, C070459 (Cal. App. 2014):
Evidence Code section 1108 allows evidence of a defendant's uncharged sexual offense to establish the defendant's propensity to commit sexual offenses. (People v. Falsetta (1999) 21 Cal.4th 903, 907.) Consistent with Evidence Code section 1108, the trial court instructed the jury using CALCRIM No. 1191. The second to the last paragraph of the court's instruction was as follows (with the part defendant finds objectionable in italics):
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