What is the test for classifying a crime as a sexual assault?
California, United States of America
The following excerpt is from People v. Martinez, H039686 (Cal. App. 2014):
Conferring discretion on the sentencing court to classify a crime serves at least two purposes. It affords the sentencing court greater flexibility in tailoring the punishment to fit the crime and the offender, recognizing that the same crime can deserve different types of punishment depending on the seriousness of the circumstances of its commission. (See People v. Smith (1968) 259 Cal.App.2d 868, 873.)
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Other Questions
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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)
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