When a criminal defendant is charged with a sexual offense, can evidence of the same sexual offence be found to be inadmissible?

Section 1108 provides an exception to the prohibition in section 1101. It 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." ( 1108, subd. (a).) Section 352 permits the trial court to exclude evidence "if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." ( 352.) "Section 352 permits the trial judge to strike a careful balance between the probative value of the evidence and the danger of prejudice, confusion and undue time consumption.... This balance is particularly delicate and critical where what is at stake is a criminal defendant's liberty." (People v. Lavergne (1971) 4 Cal.3d 735, 744.) Thus, when a criminal defendant is charged with a sexual offense, evidence of other sexual offenses committed by the defendant may be admissible to prove his disposition to commit such offenses and, by inference, to prove that he committed the currently charged offenses, if the trial court finds the probative value of the evidence is not substantially outweighed by its prejudicial effect or the risk of confusion or misleading the jury.