What is the legal test for dismissing an action for sexual assault?

California, United States of America


The following excerpt is from Chauncey v. Niems, 182 Cal.App.3d 967, 227 Cal.Rptr. 718 (Cal. App. 1986):

In Jaffe v. Stone (1941) 18 Cal.2d 146, 150, 114 P.2d 335, the court explains the policy underlying this issue. Not only must the court have dismissed the action, it must have done so in a way, and after sufficiently detailed and substantive proceedings, that its dismissal exculpated the defendant. After a complete trial on the merits, an acquittal or judgment for the defendant ordinarily satisfies this requirement. But where the action ends before a trial, the court must examine the character and quality of the proceedings that occurred. "If [the dismissal] is of such a nature as to indicate the innocence of the accused, it is a favorable termination sufficient to satisfy the requirement. If, however, the dismissal is on technical grounds, for procedural reasons, or for any other

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