How have courts interpreted the doctrine of concealment of evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Werntz, D069075 (Cal. App. 2016):

10. On the latter points, the trial court instructed the jury with CALCRIM No. 371 that defendant's concealment of evidence "may show that she was aware of her guilt." (See CALCRIM No. 371; People v. Jackson (1996) 13 Cal.4th 1164, 1225 [approving predecessor to CALCRIM No. 371 (CALJIC No. 2.06)]; 413 ["In determining what inferences to draw from the evidence or facts in the case against a party, the trier of fact may consider, among other things, the party's . . . willful suppression of evidence . . . ."].)

Other Questions


How have courts interpreted section 352 of the California Evidence Code for excluding prejudicial evidence in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
How have the courts interpreted evidence in cases involving sexual assault cases? (California, United States of America)
In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
How have courts interpreted the statutory language of the Sexual Offences Prevention Act (SVPA) in the context of sexual assault cases? (California, United States of America)
What is the test for admitting evidence of sexual assault in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.