Are there any exceptions in the context of sexual assault cases?
California, United States of America
The following excerpt is from People v. Whitt, 205 Cal.Rptr. 810, 36 Cal.3d 724, 685 P.2d 1161 (Cal. 1984):
None of these exceptions is applicable here. The Connecticut v. Johnson exceptions are inapplicable because appellant was not "acquitted" of the special circumstance allegation. Neither did he concede the issue of intent at this stage. The record indicates that he simply did not realize intent was in issue at that point. 6
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