When will a change of venue occur in a sexual assault case?

California, United States of America


The following excerpt is from People v. Rountree, S048543 (Cal. 2013):

Defendants were outsiders from Missouri, which weighs somewhat in favor of a change of venue. But they were both White and were a man and a woman. Hence, they were not outsiders in any ethnic, racial, or gender sense. They were not members "of any racial or ethnic group that could be subject to discrimination." (People v. Leonard, supra, 40 Cal.4th at p. 1397, citing Odle v. Superior Court (1982) 32 Cal.3d 932, 940, 942.) Their status within the community did not compel a change of venue.

Although the media portrayed the victim and her family sympathetically, she was not a prominent member of the community. This factor weighed against a change of venue. (People v. Leonard, supra, 40 Cal.4th at p. 1397.)

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