Can a defendant be found guilty of an assault charge under section 136.1, subdivision (a)(2) of the California Criminal Code for an alleged sexual assault committed against a witness?

Section 136.1, subdivision (a)(2) punishes a person who "[k]nowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law." The factual circumstances in which the defendant's statements are made, not just the statements themselves, must be considered to determine whether the statements amount to an attempt to dissuade a witness from testifying. (People v. Wahidi (2013) 222 Cal.App.4th 802, 806.) "If the defendant's actions or statements are ambiguous, but reasonably may be interpreted as intending to achieve the future consequence of dissuading the witness from testifying, the offense has been committed." (Ibid.)