What Is California's EC 1108, and How Can It Impact Your Sex Crime Case?
If you are facing sex crime charges in California, one of the most critical factors that could shape your case is California Evidence Code 1108 EC.
This statute creates a significant exception to the general rule against using past offenses as evidence in a criminal trial, allowing prosecutors to introduce evidence of prior sex offenses to demonstrate a propensity for committing such crimes.
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."
While proponents argue that EC 1108 ensures justice in sensitive cases, critics point to its controversial nature, calling it a legal loophole that risks prejudicing juries against defendants. Here's what you need to know about EC 1108 and how it could impact your case.
What is Evidence Code 1108?
Under the California Evidence Code, most criminal trials operate under the principle that a defendant's past behavior should not be used to infer guilt for a current charge.
This is known as the prohibition on character evidence, codified in EC 1101(a). However, EC 1108 carves out a stark exception for sex crime cases, allowing the introduction of prior sexual offense evidence to show the defendant's propensity to commit similar crimes.
For example, if someone is on trial for sexual assault, the prosecution could present evidence that the defendant was previously convicted or even accused of another sex crime if those offenses did not result in criminal charges or convictions.
For example, if you were accused of sexual misconduct years ago but were never charged, the prosecutor could still bring those accusations to light in your current trial.
Specific conditions must be met for this evidence to be admitted. The prosecutor must disclose the intent to introduce such evidence, and the court must evaluate whether it is more probative (provides useful information) than prejudicial.
However, even with judicial oversight, the potential consequences of EC 1108 can be severe, as the inclusion of prior accusations-regardless of their veracity-can sway a jury's perception of the defendant.
Why is EC 1108 Controversial?
Critics of EC 1108 argue that it undermines the foundational principle of criminal justice: that defendants are presumed innocent until proven guilty beyond a reasonable doubt.
By allowing evidence of prior offenses, EC 1108 risks leading jurors to convict based on a defendant's character or past mistakes rather than the facts of the case at hand.
Moreover, this exception is uniquely applicable to sex crime cases, making it inherently discriminatory. No other category of criminal offense-whether theft, assault, or even murder allows for such a broad use of prior acts as evidence.
This singling out of sex crimes has led many to view EC 1108 as an unfair advantage for prosecutors.
How Does EC 1108 Pose a Risk to Defendants?
For defendants in a sex crime case, the implications of EC 1108 are far-reaching and potentially devastating. Here's why EC 1108 could be dangerous to your case:
- Prejudicial Impact on Juries. The introduction of prior sex offenses can heavily influence a jury's perception, creating a bias that overshadows the current case's evidence. Most jurors are not well-versed in the nuances of evidence law, and the introduction of prior accusations often primes them to view the defendant as "guilty by nature."
- Unverified Allegations. EC 1108 allows the prosecution to raise past allegations even if they never resulted in a conviction. This means that unproven or even baseless claims from years ago can suddenly resurface and damage the defendant's credibility.
- Shift in the Burden of Proof. Although the legal burden of proof remains on the prosecution, the introduction of prior acts under EC 1108 can effectively force the defendant to "prove" their innocence for both the current charges and any past allegations, creating an undue burden.
- Emotional Evidence. Testimonies or evidence about prior sex offenses can be emotionally charged, which might cause jurors to react viscerally rather than analytically. This can cloud their judgment and prevent a fair evaluation of the current case.
How a Skilled Criminal Defense Attorney Can Help
Facing a sex crime charge under EC 1108 requires an aggressive and strategic defense. An experienced California criminal defense attorney can challenge the admissibility of prior offenses and mitigate their impact by:
- Filing Pretrial Motions: Defense attorneys can file motions to exclude evidence of past offenses under Evidence Code 352. This law allows courts to exclude evidence if its prejudicial effect outweighs its probative value. A skilled attorney will argue that the prior conduct is irrelevant or unduly prejudicial.
- Disputing Prior Allegations: When the prosecution introduces evidence of past offenses, your attorney can cross-examine witnesses, challenge the credibility of accusers, and expose inconsistencies in their accounts.
- Highlighting 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. Your attorney will emphasize weaknesses in the prosecution's evidence and establish reasonable doubt.
- Educating the Jury: Jurors may not fully understand the implications of EC 1108. An experienced attorney can explain why this evidence is being presented and caution jurors against letting it unfairly influence their decision.
For more information, contact our Los Angeles criminal defense law firm, Eisner Gorin LLP.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,