"Courts Weigh In on Admissibility of Propensity Evidence in Sexual Assault Cases In a move that has sparked debate in the legal community, courts have increasingly allowed propensity evidence to be used in sexual assault cases. While propensity evidence - which refers to past allegations of misconduct - is generally inadmissible in criminal trials, a growing trend suggests that exceptions are being made in cases where a defendant is accused of sexual assault. Proponents argue that this approach helps to ensure justice is served by allowing juries to consider a defendant's past behavior when determining guilt. Critics, however, warn that this exception could lead to wrongful convictions and undermine the reliability of the justice system."
While propensity evidence is generally inadmissible in criminal cases, an exception for sexual assault cases is both common practice and good public policy.
