What is the test for credibility of a witness at a sexual assault hearing?

California, United States of America


The following excerpt is from J.Q. v. T.B. (In re J.Q.), G047615, G047727 (Cal. App. 2014):

13. J.Q. complains "her demeanor when explaining her side of the story are hardly the issue here[.]" She is wrong. "[T]he court . . . may consider in determining the credibility of a witness any matter that has any tendency in reason to prove or disprove the truthfulness of [her] testimony at the hearing, including but not limited to any of the following: [] [Her] demeanor while testifying and the manner in which [she] testifies." (Evid. Code, 780, subd. (a); People v. Jackson (1989) 49 Cal.3d 1170, 1205-1206.)

Other Questions


Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
Does the credibility of the witness in a sexual assault case have to be affected by the prior criminal act of the accused? (California, United States of America)
Does a promise of leniency from a detective at trial and on appeal in a sexual assault case affect the credibility of a witness at trial? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
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)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for credibility of a witness in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the test for determining the credibility of a witness in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.