What constitutes substantial evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Chavez, E070715 (Cal. App. 2019):

( 288.7, subd. (b)). (See generally People v. Clark, supra, 52 Cal.4th at p. 943 [" 'Substantial evidence includes circumstantial evidence and any reasonable inferences drawn from that evidence' "].)

Defendant asserts it is speculation that he penetrated Doe-2's vagina because there is no direct evidence that he touched Doe-2 beyond her external genitalia. As set forth ante, there is circumstantial evidence supporting a reasonable inference that defendant penetrated Doe-2's vaginal opening. Circumstantial evidence constitutes substantial evidence. (People v. Clark, supra, 52 Cal.4th at p. 943.) Accordingly, we find defendant's argument to be unpersuasive.

The judgment is affirmed.

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