* Note that under California Evidence Code (" CEC ") § 1101 ( b ), in addition to proving MIMIC elements, the prosecution may admit evidence of a victim's prior sexual conduct in a case brought for an unlawful sexual act or attempted unlawful sexual act, to show that the defendant " did not reasonably and in good faith believe that the victim consented.

* Note that under California Evidence Code (" CEC ") § 787, a party may not use either cross-examination or extrinsic evidence to impeach a witness ' by showing specific instances of prior misconduct — in civil cases.

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