Does a permissive presumption in the context of sexual assault affect the application of the "beyond a reasonable doubt" standard?

California, United States of America


The following excerpt is from People v. Deconter, A135352 (Cal. App. 2014):

Beltran, supra, 157 Cal.App.4th at p. 242) Because a permissive presumption " 'leaves the trier of fact free to credit or reject the inference and does not shift the burden of proof, it affects the application of the "beyond a reasonable doubt" standard only if, under the facts of the case, there is no rational way the trier could make the connection permitted by the inference.' " (People v. Roder (1983) 33 Cal.3d 491, 498, citing Ulster County Court v. Allen, supra, 442 U.S. 140, 157.)

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