What is the test for a plaintiff to prove her claim of sexual assault?

California, United States of America


The following excerpt is from Alves v. Lopez, 159 Cal.App.2d 705, 324 P.2d 652 (Cal. App. 1958):

While the evidence produced by the plaintiff must be construed most strongly in her favor and every favorable inference indulged which might reasonably be drawn therefrom (Sanders v. Macfarlane's Candies, 119 Cal.App.2d 497, 500, 259 P.2d 1010) it still is incumbent upon a plaintiff to produce evidence sufficient to support a logical inference in her favor. 'In order to justify the submission of any question of fact to a jury, the proof must be sufficient to raise more than a mere conjecture or surmise that the fact is as alleged.' O'Connor v. Mennie, 169 Cal. 217, 222, 146 P. 674, 676.

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