Can a charged sex offence be used to prove a defendant's propensity to commit another sex crime?
California, United States of America
The following excerpt is from People v. Prestegui, 2d Crim. No. B252949 (Cal. App. 2015):
Appellant claims that the trial court erred by admitting concurrently charged offenses for the purpose of determining whether he had the propensity to commit the charged offenses. We disagree. A charged sex crime may be used to prove a defendant's propensity to commit another sex crime charged in the same case. (People v. Villatoro (2012) 54 Cal.4th 1152, 1156 (Villatoro).)5
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