Is the unclothed body of a murder victim insufficient to prove that a rape or attempted rape occurred?
California, United States of America
The following excerpt is from The People v. Letner, S015384, Super. Ct. No. 26592 (Cal. 2010):
Defendants observe that we previously have held that the unclothed state of a murder victim is, by itself, insufficient to prove that a rape or attempted rape has occurred. (See People v. Johnson (1993) 6 Cal.4th 1, 41.) In the present case, however,
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