What is the evidentiary burden of a plaintiff at trial for sexual assault?
"New York", United States of America
The following excerpt is from People v. Graydon, 129 Misc.2d 265, 492 N.Y.S.2d 903 (N.Y. City Ct. 1985):
While the People may be hard pressed at trial to meet their evidentiary burden with respect to the intent element of sexual contact at trial "for the purpose of gratifying sexual desire of either party" (Penal Law 130.00, subd. 3), when the allegations themselves are being tested, this element may be inferred from the factual portion of the information. (See People v. Weems, NYLJ, Dec. 1, 1980, p. 7, col. 1 [App. Term, 1st Dept.].)
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