What is the test for corroborating evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Herrera-Dominguez, G038788 (Cal. App. 1/27/2009), G038788. (Cal. App. 2009):

"A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof." (Pen. Code, 1111.) However, "[t]he corroborating evidence may be circumstantial or slight and entitled to little consideration when standing alone," and it "need not corroborate the accomplice as to every fact on which the accomplice testifies [citation] [or] establish every element of the charged offense [citation]." (People v. Vu (2006) 143 Cal.App.4th 1009, 1022.) It is enough that the corroborating evidence "`"`tends to connect the defendant with the crime in such a way as to satisfy the jury that the accomplice is telling the truth.'"' [Citations.]" (People v. Rodriguez (2008) 168 Cal.App.4th 972, 989.)

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