How have courts interpreted section 288.5, subdivision (c) of the California Criminal Code, with respect to sexual assault cases?

California, United States of America


The following excerpt is from People v. Heredia, B242884 (Cal. App. 2013):

288.5, subdivision (c), that we leave appellant standing convicted of the alternative offenses that are most commensurate with his culpability." (People v. Torres (2002) 102 Cal.App.4th 1053, 1059.) "'A defendant who . . . continues to perpetrate sexual abuse for a longer period of time than that required by section 288.5 [i.e, three months] is more culpable than a defendant who perpetrates the continued abuse for a limited time.'" (People v. Cortes (1999) 71 Cal.App.4th 62, 78, citing People v. Hord (1993) 15 Cal.App.4th 711, 720.)

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