Does the prosecutor at a sexual assault trial have to prove the victims were lying to obtain an acquittal?

California, United States of America


The following excerpt is from People v. Aguilera, G055005 (Cal. App. 2018):

Viewing the prosecutor's remarks in context, it seems highly unlikely the jury would have interpreted them to mean the defense was obligated to prove the victims were lying in order to obtain an acquittal. The prosecutor never actually said that. Fairly read, what she said was that the only version of the facts that would allow for acquittal held together only if a conspiracy of lies was assumed. Without so much as mentioning the burden to prove, she was simply trying to make the point that appellant's "fate rested on whether the jury found [the victims] credible," which was both accurate and unobjectionable. (People v. King (2010) 183 Cal.App.4th 1281, 1307.)

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