What is the current state of the law on the right of cross-examination in a sexual assault case?

California, United States of America


The following excerpt is from People v. Giron-Chamul, 200 Cal.Rptr.3d 159, 245 Cal.App.4th 932 (Cal. App. 2016):

In our view, these decisions suggest a continuum on which the right to an opportunity for effective cross-examination is more likely violated as the number of relevant questions that go unanswered increases. (See People v. Sanders,supra, 189 Cal.App.4th at p. 554, 117 Cal.Rptr.3d 140.) Here, daughter refused to answer hundreds of questions, of which approximately 150 were substantive. And nothing about her lack of cooperation can be attributed to the trial court, prosecutor, or defense counsel, all of whom took laudable measures to try to make it easier for her to testify. These measures included having daughter testify by closed-circuit television, taking frequent recesses during daughter's testimony and breaking early, allowing daughter to move about, draw, and eat while testifying, and questioning daughter gently and at length on safe but irrelevant topics. The trial court and defense counsel also both encouraged the prosecutor's efforts in urging daughter to cooperate, and defense counsel tried to build rapport with daughter rather than to antagonize her. He treated her kindly, did not badger her or become confrontational, and did nothing to cause her to be reticent except to ask her questionsas he was fully entitled to doabout topics she did not want to discuss.

Other Questions


What is the current state of the law on the right of confrontation in a sexual assault case? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
What is the current state of the law on the doctrine of "substantial evidence" in a sexual assault case? (California, United States of America)
What is the current state of the law on jury instruction in a sexual assault case? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
What is the current state of the law in the context of sexual assault cases? (California, United States of America)
What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
What is the current state of the law on the test for credibility of a psychologist's testimony in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.