Can a defendant who sexually assaulted a vulnerable person be held liable for sexual assault if he should have known of their vulnerability or susceptibility?
MultiRegion, United States of America
The following excerpt is from United States v. Bernot, No. 2:08-CR-00093-KJM-4 (E.D. Cal. 2017):
have known of such vulnerability or susceptibility." United States v. Castellanos, 81 F.3d 108, 110 (9th Cir. 1996) (citing U.S.S.G. 3A1.1). The defendant need not have specifically targeted his victim for their vulnerability if he "should have known" that the victim was vulnerable. United States v. O'Brien, 50 F.3d 751, 755 (9th Cir. 1995).
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