How is the burden of proof determined in a sexual assault case?
California, United States of America
The following excerpt is from People v. Martinez, D065335 (Cal. App. 2014):
Where a statute does not set a burden of proof, then such burden is by a preponderance of the evidence. (Evid. Code, 115; People v. Osuna (2014) 225 Cal.App.4th 1020, 1040.)
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