What is the test for establishing a finding of guilt in a sexual assault case?

California, United States of America


The following excerpt is from People v. Jones, 155 Cal.App.3d 153, 202 Cal.Rptr. 162 (Cal. App. 1984):

Although the test on appeal is whether there is substantial evidence to support the conclusion of the trier of fact, and not whether the evidence shows to the reviewing court that guilt was established beyond a reasonable doubt, the evidence must do more than merely raise a strong suspicion of the appellant's guilt. "Evidence which merely raises a strong suspicion of the defendant's guilt is not sufficient to support a conviction. Suspicion is not evidence; it merely raises a possibility and this is not a sufficient basis for an inference of fact." (People v. Redmond (1969), 71 Cal.2d 745, 755, 79 Cal.Rptr. 529, 457 P.2d 321.)

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