Can defendants who used a fictitious name for a victim in a sexual assault case argue that using the name of the alleged victim prejudiced their actions?
California, United States of America
The following excerpt is from People v. Alaniz, F072954 (Cal. App. 2018):
Defendants argue the victim's anonymity prejudiced them by suggesting to the jury she was in danger. But the court instructed the jury that the purpose of using the fictitious name was only to protect the victim's privacy. We presume juries can follow the court's instructions. (People v. Yeoman (2003) 31 Cal.4th 93, 139.)
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