Does the continuous conduct exception apply in a sexual assault case where defendant claimed some injuries were self-inflicted and others were inflicted in self-defense?

California, United States of America


The following excerpt is from People v. Pitchford, E062793 (Cal. App. 2016):

conduct exception applied even though defendant claimed some of the injuries were self-inflicted and others were inflicted in self-defense].) In any event, application of the continuous conduct rule is appropriate when "the defendant offers essentially the same defense to each of the acts" (People v. Stankewitz (1990) 51 Cal.3d 72, 100, italics added), which is precisely what defendant did here. Defendant testified that the victim had fabricated her testimony and that her injuries were caused when she became jealous about the other woman and began attacking him and cutting herself. His essential defense was that any injury he inflicted on the victim was done in self-defense or as a reaction to her irrational behavior. It is clear from the jury's verdict that the jury rejected this version of the facts.

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