Can a jury at a sexual assault trial determine the burden of proof based on the testimony of the complaining witness alone?

California, United States of America


The following excerpt is from People v. Rosas, C084130 (Cal. App. 2019):

3. Defendant argues the error was of a federal constitutional nature because it had the effect of lowering the prosecution's burden of proof. We disagree. While the jury was informed defendant's guilt could be based on the testimony of the complaining witness alone, it was also repeatedly instructed on the prosecution's reasonable doubt burden and the jury's duty to fairly weigh the evidence. From the whole of the instructions, it is clear the jury was not confused as to the prosecutor's burden, thus the Chapman harmless-error standard does not apply. (Chapman v. California (1967) 386 U.S. 18 [17 L.Ed.2d 705].)

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