Does the Attorney General have any authority to argue that intent is a legitimate issue in a sexual assault case?

California, United States of America


The following excerpt is from People v. Ward, 188 Cal.App.3d 459, 233 Cal.Rptr. 477 (Cal. App. 1986):

Despite the Attorney General's urging, intent was not a disputed issue in this case. The victim of the alleged crimes testified to completed acts of sexual intercourse. Because of the nature of such an act, intent would be presumed. The victim's credibility becomes the real issue. In such a case, "accidental touching," or mistake, would be an unlikely defense. Only when the defense admits the apparently sexual act did occur, but denies a sexual intent, does intent become a legitimate issue. (Id. at p. 88, fn. 7, 201 Cal.Rptr. 567, 679 P.2d 1; People v. Kelley (1967) 66 Cal.2d 232, 242-243, 57 Cal.Rptr. 363, 424 P.2d 947.)

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