What is the test for determining whether there is an affirmative record to support a claim of sexual assault?
California, United States of America
The following excerpt is from People v. Stevenson, D066641 (Cal. App. 2016):
in the first instance. (People v. Myers (1999) 69 Cal.App.4th 305, 309-310.) The trial court is presumed to have considered all of the relevant factors in the absence of an affirmative record to the contrary. (Id. at p. 310.)
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