Is a sexual assault trial a civil proceeding, wholly unrelated to a criminal case?
California, United States of America
The following excerpt is from Jones v. Whisenand, 214 Cal.Rptr.3d 72, 8 Cal.App.5th 543 (Cal. App. 2017):
which are civil in nature. (People v. Allen, supra, 44 Cal.4th at p. 860, 80 Cal.Rptr.3d 183, 187 P.3d 1018 ["Proceedings to commit an individual as a sexually violent predator in order to protect the public are civil in nature"]; Moore v. Superior Court (2010) 50 Cal.4th 802, 815, 114 Cal.Rptr.3d 199, 237 P.3d 530 ["SVP trials are "special proceedings of a civil nature," wholly unrelated to any criminal case"].)
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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)
What is the test for unanimity in a civil case where there are allegations of sexual assault against the same defendant in separate criminal cases? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
Does the privilege of a witness in a civil proceeding, civil or criminal proceeding, to refuse to answer particular questions which may tend to incriminate him or her in criminal activity? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
How have courts dealt with civil cases dealing with sexual assault cases? (California, United States of America)
Is there any case law where evidence of domestic violence, sexual abuse, or sexual assault was not excluded from a jury trial? (California, United States of America)
How have the cases of two separate sexual assault cases been determined to be cross-admissible under section 1101 of the Criminal Code? (California, United States of America)
Does a promise of leniency from a detective at trial and on appeal in a sexual assault case affect the credibility of a witness at trial? (California, United States of America)
