What are the factors used to determine whether an elderly woman would be a potential witness in a sexual assault case?

California, United States of America


The following excerpt is from People v. Benavidez, A129154 (Cal. App. 2012):

As to the other factors enumerated in People v. Massie, supra, 19 Cal.4th 550, unlike the suspects in a number of cases relied on by appellant, appellant was a mature woman with four children, who was familiar with the criminal justice system. Also, although appellant is by her own account a drug and alcohol abuser, there is nothing in the record to suggest that she was under the influence of any substance, or suffering from a mental disease or condition, that might materially affect her ability to make a voluntary statement to police.

Other Questions


What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What are the factors used by a court to determine whether a witness in a sexual assault case has been successful? (California, United States of America)
What is the test for determining whether a witness is an accomplice in a sexual assault case? (California, United States of America)
What are the mitigating and aggravating factors in determining whether probation is mandated in a sexual assault case? (California, United States of America)
Is the court abused its discretion in refusing to protect a witness in a sexual assault case from the possibility that the prosecution witnesses in the case colluded to corroborate their testimony? (California, United States of America)
What is the test for determining whether or not a witness in a sexual assault case is credible? (California, United States of America)
What is the test for determining whether a sexual assault victim is sexually assaulted on a bus? (California, United States of America)
What are the factors used by a court to determine the credibility of a witness in a sexual assault case? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a plaintiff in a sexual assault case would have been coerced? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.