Introduction of Evidence of Another Sexual Offense

Evidence Code section 1108 permits the introduction of "evidence of the defendant's commission of another sexual offense or offenses, " subject to the court's assessment of the evidence under section 352. ( 1108; People v. Falsetta, supra, 21 Cal. 4th at pp. 911, 916; People v. Soto (1998) 64 Cal. App. 4th 966, 983-984 [75 Cal. Rptr. 2d 605].) While the unrestricted application of section 1108 might impair a defendant's right to due process, section 352 which requires the trial court to exercise its discretion to exclude evidence which poses a substantial risk to a defendant's right to a fair trial "provides a safeguard that strongly supports" the statute's constitutionality. ( People v. Falsetta, supra, 21 Cal. 4th at p. 916; accord, People v. Fitch (1997) 55 Cal. App. 4th 172, 183 [63 Cal. Rptr. 2d 753].)