Is a defendant liable for a crime if the victim has a history of mental health issues?
California, United States of America
The following excerpt is from People v. Duque, F074486 (Cal. App. 2019):
Such an argument, defendant contends, is contrary to the law because a "defendant is liable for a crime irrespective of other concurrent causes contributing to the harm [citation], and particularly when the contributing factor was a preexisting condition of the victim." (People v. Wattier (1996) 51 Cal.App.4th 948, 953, original italics.)
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