Is there any evidence that a condom penetrated the vagina during a sexual assault?

California, United States of America


The following excerpt is from People v. Beard, C051282 (Cal. App. 4/3/2008), C051282 (Cal. App. 2008):

Defendant focuses his attention on the lack of evidence of vaginal penetration. But, as People v. Karsai makes clear, vaginal penetration is not required for rape; penetration of the external genital organs is sufficient. Here, Branson acknowledged that the tip of his condom penetrated the victim, and the physical examination of the victim disclosed results consistent with penile penetration. A medical witness explained why an infection was unlikely as the source of these symptoms.

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