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Name: People v. Rosen
Case #: C048139
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/27/2007
Subsequent History: Depublished

Evidence Code section 1108 which permits introduction of other sexual offenses in the prosecution of a defendant for a sexual offense does not require that the other offenses be charged or that expert testimony show that defendant had a predisposition to commit sexual offenses. Appellant, a former police officer, was charged with numerous sexual offenses committed while on duty as a police officer. The prosecution introduced evidence of uncharged sexual offenses that appellant committed against other females. The appellate court rejected appellant’s claim that the offenses had to be charged otherwise the evidence was not sufficiently reliable; that an expert was required to provide evidence that appellant was predisposed to sexual offenses; or that the evidence was barred by Penal Code section 352. In a separate matter, appellant contested the conviction for violation of Penal Code section 149 (assault by a public officer under the color of authority). Despite the Attorney General’s agreement with appellant’s argument, the appellate court rejected the claim that appellant’s command to the victim to touch him in a sexual manner did not constitute assault as he did not touch her and committed no act which would result in the application of physical force to her.