Can a defendant stand convicted of continuous sexual abuse of a child and one of the acts that took place during the period of the abuse?
California, United States of America
The following excerpt is from People v. Concha, F073738 (Cal. App. 2019):
As a matter of law, a defendant cannot stand convicted of both continuous sexual abuse of a child and one of the acts of abuse that took place during the period of the continuous abuse, as the sexual intercourse or sodomy did here. (Pen. Code, 288.5, subd. (c); People v. Johnson (2002) 28 Cal.4th 240, 248.) The convictions on the two counts are thus legally incompatible with each other, and the resulting sentence is unauthorized.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the range of damages available to a victim of sexual abuse who has been sexually abused as a child as a result of the abuse? (California, United States of America)
What evidence supports a conviction for continuous sexual abuse of a child? (California, United States of America)
Can continuous sexual abuse and specific sexual abuse in the same proceeding? (California, United States of America)
Is child sexual abuse accommodation syndrome properly admitted in sexual abuse cases? (California, United States of America)
Is there any case law where a defendant has been convicted of lewd and lascivious acts with a child who was convicted of a serious sexual assault prior to his sentencing? (California, United States of America)
What is the appropriate sentence for a convicted child molester who sexually abused at least two young girls over a long period of time? (California, United States of America)
In a sexual abuse case, is there any evidence that a doctor who treated a child for sexual abuse was involved in the treatment of about 100 victims? (California, United States of America)
Does a jury need unanimity instruction to convict a defendant of child abuse charged as a continuing course of conduct? (California, United States of America)
How has the prosecution and defense counsel treated the evidence in the trial of a defendant who was diagnosed as having a history of sexual abuse as a result of his own sexual abuse? (California, United States of America)
What is the factual and procedural background to a motion of appeal against the conviction of defendant in the case of defendant's sexual assault conviction? (California, United States of America)
