People v. Jones

In People v DerMartzex, 390 Mich 410; 213 NW2d 97 (1973), we held that evidence of a sexual act between the defendant and the victim preceding the one charged was admissible when the defendant is a member of the victim’s household. The Court of Appeals has extended DerMartzex in this case and in People v Hammer, 98 Mich App 471; 296 NW2d 283 (1980), to an antecedent sexual act between the defendant and a person other than the victim who is also a member of the victim’s household. We are unable to concur in this extension.

I

The defendant was charged with first-degree criminal sexual conduct.…