Under California Evidence Code 1108, prosecutors can introduce testimony from other alleged victims of sexual abuse by the accused to prove certain factors. It allows for the admission of evidence regarding the defendant's commission of other sexual offenses to show a pattern of behavior, propensity for committing such crimes, and potentially the defendant's motive or intent.
EC 1108 stands out from other laws with its unique elements. It significantly aids the district attorney in securing a conviction in specific sex crime cases. One of its key features is the allowance for evidence of the defendant's commission of other sexual offenses.
It allows this evidence to demonstrate a pattern of sexual behavior. Evidence can be used to infer the defendant's motive or intent in committing the alleged crime. Further, the courts consider acts of sexual abuse similar to those being charged, even if they occurred in different circumstances or with different victims.
For instance, in a trial for sexual battery, the prosecution can introduce evidence that the defendant was previously convicted or accused of another sex crime, even if those offenses did not result in criminal charges or convictions. The inclusion of prior accusations, regardless of their validity, can significantly impact a jury's perception of the defendant, potentially leading to a biased trial. This potential for bias underscores the need for a fair trial.
The standard for admitting such evidence under this law is not to prove the defendant committed the other acts beyond a reasonable doubt, but rather that it is more likely than not that the other offenses occurred.
If you are facing sex crime charges, it's crucial to understand the significant impact of Evidence Code 1108 EC on your case. This law creates a substantial exception to the general rule against using past offenses as evidence in a criminal trial, potentially influencing the outcome of your case. The potential impact of this law on your case cannot be overstated, underscoring the urgency of understanding and navigating this law.
Supporters say that EC 1108 ensures justice in sensitive cases, but critics call it a legal loophole that risks prejudicing juries against defendants.
What Does the Law Say?
Evidence Code 1108 EC says, "(a) 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.
(b) In an action in which evidence is to be offered under this section, the people shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered in compliance with the requirements of Section 1054.7 of the Penal Code.
(c) This section does not limit the admission or consideration of evidence under any other section of this code.
(d) As used in this section, the following definitions shall apply:
(1) "Sexual offense" means a crime under the law of a state or of the United States that involves any of the following:
(A) Any conduct proscribed by subdivision (b) or (c) of Section 236.1, Section 243.4, 261, 261.5, 262, 264.1, 266c, 269, 286, 287, 288, 288.2, 288.5, or 289, or subdivision (b), (c), or (d) of Section 311.2 or Section 311.3, 311.4, 311.10, 311.11, 314, or 647.6 of, or former Section 288a of, the Penal Code.
(B) Any conduct proscribed by Section 220 of the Penal Code, except assault with intent to commit mayhem.
(C) Contact, without consent, between any part of the defendant's body or an object and the genitals or anus of another person.
(D) Contact, without consent, between the genitals or anus of the defendant and any part of another person's body.
(E) Deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person.
(F) An attempt or conspiracy to engage in conduct described in this paragraph.
(2) "Consent" shall have the same meaning as provided in Section 261.6 of the Penal Code, except that it does not include consent, which is legally ineffective because of the age, mental disorder, or developmental or physical disability of the victim."
Evidence Code 1108 - Quick Facts
- Most trials will not allow a defendant's past behavior to infer guilt for a current charge.
- This law allows the introduction of prior sexual offense evidence.
- Specific conditions must be met for sex crime evidence to be admitted.
- The prosecutor must disclose the intent to introduce such sex crime evidence.
- The court must evaluate whether it is more probative than prejudicial.
- This exception is uniquely applicable to sex crime cases, making it discriminatory.
- The singling out of sex crimes creates an advantage for prosecutors.
What are the Risks to the Defendants?
- Introducing prior sex offenses can heavily influence a jury's perception by creating a bias.
- The introduction of prior accusations often leads jurors to view the defendant as guilty by nature.
- The district attorney can raise past allegations, even if they never resulted in a conviction.
- Unproven sex claims from years ago can resurface and damage the defendant's credibility.
- The introduction of prior acts forces the defendant to prove their innocence.
- Testimonies about prior sex offenses can affect can juror's fair evaluation.
How a Criminal Defense Attorney Can Help
Facing a sex crime charge involving evidence Code 1108 requires an experienced California criminal defense lawyer to challenge the admissibility of prior offenses and mitigate their impact using strategies discussed below.
One way to challenge the admissibility of prior offenses under EC 1108 is by filing pretrial motions. These motions, filed under Evidence Code 352, allow courts to exclude evidence if its prejudicial effect outweighs its probative value.
A skilled defense attorney can argue that the prior conduct is irrelevant or unduly prejudicial, thereby mitigating its impact on the case. This is a crucial aspect of the defense's strategy and underscores the importance of having a competent legal representative to navigate the complexities of this law.
Perhaps we can dispute the prior allegations. When the prosecution introduces evidence of past offenses, we can cross-examine witnesses, challenge the credibility of accusers, and expose inconsistencies in their accounts.
Perhaps we can emphasize the current evidence. A strong defense focuses the jury's attention on the present case rather than allowing them to be distracted by past accusations. We will emphasize weaknesses in the prosecution's evidence and establish reasonable doubt.
Jurors may not fully understand the implications of EC 1108. Thus, we can explain why this evidence is being presented and caution jurors against letting it unfairly influence their decision. For more information, contact the Hedding Law Firm, located in Los Angeles, CA.
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