In a sexual assault case, if the accused was not involved in the assault, what is the sentence given to the aider and abettor?

California, United States of America


The following excerpt is from People v. Barba, 78 Cal.App.4th 1035, 93 Cal.Rptr.2d 240 (Cal. App. 2000):

in a sexual assault or intended the sexual assault, we would create a conflict in the statute because one of the enumerated offenses specified in section 667.61, subdivision (c)(3) is rape in concert, which expressly includes aiders and abettors and does not require active participation on their part. ( 667.61 subd. (c)(3), 264.1; cf. People v. Farr, supra, 54 Cal.App.4th at p. 845, 62 Cal.Rptr.2d 892.) Therefore, aiders and abettors, even those who did not actively participate in a sexual assault, may be sentenced under section 667.61. The trial court's imposition of the sentence was correct.

"Single occasion" in section 667.61 is not a synonym for "separate occasion" in section 667.6.

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