Legal Question in Criminal Law in California

Legal witness

In a sexual molestation trial (where it's she said, he said)

is it proper for the prosecution to have a previous victim

not associated with this trial to testify?

It would seem that the jury would be prejudice that since he

molested the previous victim he MUST HAVE molested the current victim.


Asked on 8/01/05, 9:53 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Legal witness

Generally, evidence of "prior bad acts" is inadmissible to prove what the defendant did in a current case. But such evidence is admissible in order to prove other matters, such as identity or plan. Thus, if the defendant says the police arrested the wrong guy but a prior victim can testify that he did exactly the same thing to her, the evidence will usually get in.

Additionally, California law makes evidence of prior sex crimes admissible in circumstances where it otherwise would have been excluded for precisely the reasons you mention.

There are many different ways such evidence might be offered and many bases upon which a judge could decide to admit it or exclude it. One factor the judge will take into account is the possibility that the prejudicial effect this evidence will have on the jury will substantially outweigh its probative value.

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Answered on 8/01/05, 10:22 pm


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