State v. Aguilar

OPINION

RYAN, Justice.

¶ 1 We granted review to determine whether the aberrant sexual propensity exception to the prohibition against character evidence, codified in Arizona Rule of Evidence 404(c), encompasses sexual assaults against adults when the defendant claims the victims consented. We hold that it can.

I

¶ 2 In a single indictment, the Maricopa County Grand Jury charged David Heran Aguilar with sexually assaulting four women between November 9, 1999, and May 10, 2001. 1 Aguilar admitted that he had sexual contact with three of the women, but claimed that each consented to the contact.…