In what circumstances will a defendant be found guilty of sexual assault by reason of fear?

California, United States of America


The following excerpt is from People v. Vela, B282676 (Cal. App. 2019):

inferred from the circumstances. (See People v. Ortiz (2002) 101 Cal.App.4th 410, 417.) She testified that she felt nervous, unsafe, shaken, and unsettled. Again, the prior misconduct and the current crime need not be identical for the evidence to be probative of intent. (See People v. Harris, supra, 57 Cal.4th at pp. 841-842.) It follows that similar uncharged conduct need not meet all the elements of the charged conduct, including fear, to be probative of intent and thus admissible.

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