What is the test for determining whether a minor intended to sexually assault another minor?
California, United States of America
The following excerpt is from In re STEVEN M., F059879, Super. Ct. No. JJD063988 (Cal. App. 2011):
"'[I]ntent is inherently difficult to prove by direct evidence. Therefore, the act itself, together with its surrounding circumstances must generally form the basis from which the intent of the actor may legitimately be inferred.' [Citation.]" (People v. Edwards (1992) 8 Cal.App.4th 1092, 1099.) As is typical, there was no direct evidence of the minor's intent. The circumstances of the incident, however, are compelling.
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