Are there any cases where a defendant has been convicted of the same sex assault on the same victim?

California, United States of America


The following excerpt is from People v. Harrison, 256 Cal.Rptr. 401, 48 Cal.3d 321, 768 P.2d 1078 (Cal. 1989):

Other "same crime" cases specifically hold that separate convictions are appropriate, finding support in the statutory language deeming the offense complete upon "penetration." In People v. Clem (1980) 104 Cal.App.3d 337, 163 Cal.Rptr. 553, the court rejected defendant's claim that he could not be separately sentenced for five rape convictions involving one victim. The court cited sections 261 and 263; noted that the evidence indisputedly established five consecutive vaginal "penetrations" during an approximate two and one-half hour assault; and concluded that "[i]t can no longer be argued that where there are multiple sex acts performed upon a single victim, albeit within a short space of time, that each act does not comprise a distinct and separate violation and punishment." (Id. at pp. 346-347, 163 Cal.Rptr. 553, italics added.)

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