What is the test for establishing the requisite intent in a sexual assault case?

California, United States of America


The following excerpt is from People v. M.G. (In re M.G.), B256227 (Cal. App. 2015):

To establish the requisite intent, "'[T]he trier of fact looks to all the circumstances, including the charged act, to determine whether it was performed with the required specific intent.' [Citations.] Other relevant factors can include the defendant's extrajudicial statements [citation], other acts of lewd conduct admitted or charged in the case [citations], the relationship of the parties [citation], and any coercion, bribery, or deceit used to obtain the victim's cooperation or to avoid detection [citation]." (People v. Martinez, supra, 11 Cal.4th at p. 445.) In addition, courts have also looked to whether

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