Pierce

Here we hold, among other things, that assault with intent to commit rape (Pen. Code, § 220) is a sexual offense within the meaning of Evidence Code section 1108.

Jerry Allan Pierce appeals his conviction by jury of attempted kidnapping and assault with the intent to commit rape. (Pen. Code, §§ 207, subd. (a), 664, 220.) We affirm.

Facts

After completing her work shift, 17-year-old Silvia V. was walking home alone at night. Pierce “went past [her,]” took a couple of steps, then came back and grabbed her. He twisted her left hand behind her back and held his hand over her mouth. When she started to scream, he told her to “keep quiet.” She held on to a fence, but he pulled her by her waist towards a dark area. From bushes near the fence, she saw a light and heard a man scream, “Why are men so dirty?” Pierce released Silvia V. and ran away.

Juan Hernandez testified he saw the attack on Silvia V. He turned on his car headlights, honked his horn, and saw Pierce run away.

After police advised Pierce of his rights

In the defense portion of the case, Pierce’s treating psychiatrist, Corazon Elliott, testified that Pierce suffers from paranoid schizophrenia. But Elliott…