Can a defendant who has been accused of sexual assault deny the allegation if he fails to speak?

California, United States of America


The following excerpt is from People v. Goethe, C074791 (Cal. App. 2015):

of silence guaranteed by the Fifth Amendment to the United States Constitution, and he fails to speak, or he makes an evasive or equivocal reply, both the accusatory statement and the fact of silence or equivocation may be offered as an implied or adoptive admission of guilt.' " (People v. Jennings (2010) 50 Cal.4th 616, 661.) " '[A] typical example of an adoptive admission is the accusatory statement to a criminal defendant made by a person other than a police officer, and defendant's conduct of silence, or his words or equivocal and evasive replies in response. With knowledge of the accusation, the defendant's conduct of silence or his words in the nature of evasive or equivocal replies lead reasonably to the inference that he believes the accusatory statement to be true.' " (People v. Silva (1988) 45 Cal.3d 604, 623-624.)

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