What is the current state of the law in the context of sexual assault cases?

California, United States of America


The following excerpt is from People v. McAlpin, 283 Cal.Rptr. 382, 53 Cal.3d 1289, 812 P.2d 563 (Cal. 1991):

In People v. Adams (1939) 14 Cal.2d 154, 167-168, 93 P.2d 146, our court spoke at some length of the importance of scrupulously protecting the rights of an accused in a case of this nature, explaining in part: "In such a situation, the only defense available, ordinarily, to the accused is his own denial of any asserted misconduct, together with evidence of a former good reputation; otherwise, he is utterly defenseless.... Errors committed either by the prosecution or by the court in the course of the trial, which ordinarily might be considered trivial and as of no material consequence from a standpoint of adverse effect upon the rights of a defendant, may become of great importance when committed in a case of the character of that here involved." (Italics added.)

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