People v. Poplar

In People v. Poplar (1999) 70 Cal.App.4th 1129, the court found that the charged offense of forcible rape (Pen. Code, 261, subd. (a)(2)), qualified as an "offense involving domestic violence" for purposes of admitting other acts of domestic violence under section 1109. ( People v. Poplar, supra, 70 Cal.App.4th at pp. 1138-1139.) The court in Poplar found that "rape is a higher level of domestic violence, a similar act of control." ( Id. at p. 1139.) In People v. Garcia (2001) 89 Cal.App.4th 1321, 1333, the court agreed with this premise, finding the "analysis of the court in Poplar correctly links other acts of domestic violence with sexual assault or rape as an act of domestic violence."