Does the permissive inference in a sexual assault case allow the jury to draw an irrational inference?
California, United States of America
The following excerpt is from People v. Shaffer, C070459 (Cal. App. 2014):
To the contrary, the instruction does not allow the jury to draw an irrational inference. (See People v. Reliford, supra, 29 Cal.4th at pp. 1012-1016; People v. Falsetta, supra, 21 Cal.4th at pp. 910-922.) Even if there are dissimilarities between the prior uncharged offenses and the current offenses, any dissimilarity goes to the weight of the evidence, not to the admissibility of the evidence or constitutionality of the permissive inference.
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