Is spousal battery a continuous course of conduct crime?

California, United States of America


The following excerpt is from People v. Higgins, 5 Cal.App.4th 1052, 7 Cal.Rptr.2d 409 (Cal. App. 1992):

In People v. Thompson, supra, 160 Cal.App.3d 220, 206 Cal.Rptr. 516, the court found the crime of spousal battery a continuous-course-of-conduct crime by also analogizing to child abuse. "Both the victim of spousal and of child abuse are likely to be unwilling to report their abuse to the authorities due to fear of physical and/or emotional retaliation on the part of the attackers. Both patterns of behavior are based on controlling another individual through violence. We see no 'conceptual difference' between the two crimes." (Id. at p. 226, 206 Cal.Rptr. 516.) Nor do we see any conceptual difference between sexual or other kinds of abuse of children.

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