How have the courts treated evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Schenberger, C069146 (Cal. App. 2017):

direct examination about another part of the same e-mails; (2) the sequence of jury instructions conferred special deference to the victim's credibility by sequencing the instruction that a sexual assault conviction may be based on the victim's testimony alone after the witness credibility instruction that explains a fact can be proved by the testimony of a single witness; and (3) the trial court violated due process by instructing the jury that victim consent does not negate duress, pursuant to People v. Soto (2011) 51 Cal.4th 229 (Soto), which postdated defendant's commission of the crimes and which he asserts was an unforeseeable expansion of criminal liability.

We affirm.2

In 2010, defendant was charged with 40 counts of molesting victim C., his biological daughter.

Other Questions


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)
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)
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