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. White, 2d Crim. No. B249286 (Cal. App. 2014):

There is a paradigmatic difference between the situation here and the one appellant relies on in People v. Castro (1901) 133 Cal. 11.10 In that case, the evidence showed that the defendant had committed multiple distinct acts (a series of statutory rapes over several months), each of which potentially could have served as the basis for conviction of the single charged offense. The prosecution's failure to notify the defendant and the jury of the specific act for which it sought punishment unfairly forced the defendant to defend against all of the acts. (Id. at pp. 12-13.) Here, in contrast, appellant's single course of conduct was potentially subject to punishment under multiple legal theories. Appellant argues that the prosecution should have been limited to just one target offense on which to proceed. He is mistaken.

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