What is the test for intent in sexual assault cases?

California, United States of America


The following excerpt is from In Re J.N., B219073, Super. Ct. No. KJ32766 (Cal. App. 2010):

To determine whether a reasonable trier of fact could conclude that appellant acted with the intent of arousing or gratifying his own sexual desires, we look not simply to the charged acts, but also to all the circumstances under which those charged acts were committed. (People v. Martinez (1995) 11 Cal.4th 434, 445.) The circumstances here create a reasonable inference that appellant had the required specific intent. There were multiple inappropriate touchings. Although

Page 5

Other Questions


What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
Can evidence of sexual intent be admitted in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.