What is the legal test for an instruction of sexual abuse?

California, United States of America


The following excerpt is from People v. Martinez, B302433 (Cal. App. 2020):

"A claim of instructional error is reviewed de novo. [Citation.] An appellate court reviews the wording of a jury instruction de novo and assesses whether the instruction accurately states the law. [Citation.] In reviewing a claim of instructional error, the court must consider whether there is a reasonable likelihood that the trial court's instructions caused the jury to misapply the law in violation of the Constitution. [Citations.] The challenged instruction is viewed 'in the context of the instructions as a whole and the trial record to determine whether there is a reasonable likelihood the jury applied the instruction in an impermissible manner.'" (People v. Mitchell (2019) 7 Cal.5th 561, 579.)

We disagree with defendant's contention that the trial court delivered an "incomplete" instruction on count 1 when it

Page 13

failed to define "sexual abuse." Trial courts have a duty to define technical terms that have meanings peculiar to the law, but "no duty to clarify, amplify, or otherwise instruct on commonly understood words or terms used in statutes or jury instructions. 'When a word or phrase "'is commonly understood by those familiar with the English language and is not used in a technical sense peculiar to the law, the court is not required to give an instruction as to its meaning in the absence of a request.'" [Citations.] A word or phrase having a technical, legal meaning requiring clarification by the court is one that has a definition that differs from its nonlegal meaning. [Citation.]'" (People v. Griffin (2004) 33 Cal.4th 1015, 1022-1023.)

Other Questions


What is the range of damages available to a victim of sexual abuse who has been sexually abused as a child as a result of the abuse? (California, United States of America)
What constitutes sexual abuse when the abuse is directed to the victim's sexual parts? (California, United States of America)
In a sexual abuse case, is there any evidence that a doctor who treated a child for sexual abuse was involved in the treatment of about 100 victims? (California, United States of America)
What constitutes sexual abuse, sexual assault and sexual exploitation under section 11165.1 of the California Penal Code? (California, United States of America)
Is child sexual abuse accommodation syndrome properly admitted in sexual abuse cases? (California, United States of America)
How has the prosecution and defense counsel treated the evidence in the trial of a defendant who was diagnosed as having a history of sexual abuse as a result of his own sexual abuse? (California, United States of America)
Can continuous sexual abuse and specific sexual abuse in the same proceeding? (California, United States of America)
What is the test for "touching breasts for the purpose of sexual arousal, sexual gratification or sexual abuse"? (California, United States of America)
Is penetration for sexual abuse for the purpose of sexual abuse required intent? (California, United States of America)
Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.