What is the test for determining the vulnerability of a child as a victim of sexual abuse?
California, United States of America
The following excerpt is from People v. Leach, C080051 (Cal. App. 2016):
However, 'particular vulnerability' is determined in light of the 'total milieu in which the commission of the crime occurred. . . .' [Citation.]" (People v. Dancer (1996) 45 Cal.App.4th 1677, 1693-1694 [discussing the young age of the victim of child molestation], disapproved on other grounds in People v. Hammon (1997) 15 Cal.4th 1117, 1123.)
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