What is the burden of proof in a sexual assault case?

California, United States of America


The following excerpt is from People v. Jamieson (In re Jamieson), G045812, G048218 (Cal. App. 2013):

The same comments apply to this case. The court never instructed the jury on any burden of proof other than proof beyond a reasonable doubt. In her closing argument, the prosecutor stated "once you find any of these charged counts beyond a reasonable doubt, you can consider that to infer that the defendant had the propensity to commit sexual offenses. You can also infer that he was likely to commit the other offenses." Thus, "there was no risk the jury would apply an impermissibly low standard of proof." (People v. Villatoro, supra, 54 Cal.4th at p. 1168.) Defendant's argument to the contrary is unavailing.

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