What is the test for having an erection in a sexual assault case?
California, United States of America
The following excerpt is from People v. Saavedra, B304077 (Cal. App. 2021):
Here, evidence of whether appellant could have an erection was not relevant because the sexual offenses alleged did not require an erection. The lewd act charges required proof only that appellant touched the victims for the purpose of sexual arousal and the victims were under the age of 14 at the time. ( 288, subd. (a); People v. Martinez (1995) 11 Cal.4th 434, 444-445.)
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