Can the testimony of a sexual assault victim be enough to convict a defendant beyond a reasonable doubt?

California, United States of America


The following excerpt is from People v. Baltezor, F077646 (Cal. App. 2021):

The prosecutor's statement in closing, "If you have one witness that says something and you believe that that witness was telling the truth when they made that statement, that is enough to find someone guilty beyond a reasonable doubt," was a correct statement of the law. (See People v. Gammage (1992) 2 Cal.4th 693, 700; People v. Rincon-Pineda (1975) 14 Cal.3d 864, 885.) Additionally, defense counsel noted in closing, "you heard this conviction of a sexual assault crime may be placed on the testimony of a complaining witness alone, but nowhere in that jury instruction did you hear any change to the concept of reasonable doubt. [The prosecution] need[s] to supply proof and they need to prove the charge beyond a reasonable doubt." And then, in rebuttal, the prosecutor again noted the testimony of a sexual assault victim can be enough if the jury believes it but noted this "does not change the burden of proof." Rather, if the jury "heard a piece of evidence and you believe that piece of evidence. And that [sic] you're confident that that evidence is true and when you apply it to the law

Page 46

Other Questions


Is there a reasonable likelihood that the jury understood the instruction that a jury would not convict appellant of a charge of sexual assault simply because they concluded beyond a reasonable doubt? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
What is the difference between a sexual assault conviction and a conviction for sexual assault? (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)
What is the burden of proving beyond a reasonable doubt against a defendant in a sexual assault case? (California, United States of America)
Can a jury infer that defendant devised a plan to kill the victim to avoid detection for sexual assault during or after the sexual assault? (California, United States of America)
In what circumstances will a jury interpret the instructions of a jury as permitting a conviction on a standard less than beyond beyond beyond the reasonable doubt? (California, United States of America)
What is the burden of proving beyond a reasonable doubt against a defendant in a sexual assault case? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
Can a defendant who has a history of criminal convictions for assault, assault and sexual assault receive a conditional discharge from the Court of Appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.