How has section 995 of the California Code of Civil Procedure been interpreted in the context of sexual assault cases?

California, United States of America


The following excerpt is from The People v. Quintana, 108 Cal.Rptr.2d 235, 89 Cal. App. 4th 1362 (Cal. App. 2001):

Evidence at the preliminary hearing included the medical examination reports showing the injuries to which Ternahan testified at trial. Those injuries, which included swelling, irritation, and a laceration in the genital area, were sufficient to create a reasonable suspicion of forcible penetration. (See People v. Park (1978) 87 Cal.App.3d 550, 561 [reasonable suspicion standard]; People v. Cicero (1984) 157 Cal.App.3d 465, 484 [physical harm is evidence of force].) Since we conclude that the section 995 motion was correctly denied, we need not reach the issue of prejudice.

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