How have courts treated evidence of forcible oral copulation in a murder case?

California, United States of America


The following excerpt is from People v. Pickett, E060682 (Cal. App. 2015):

The People rely primarily on People v. Jones (1998) 17 Cal.4th 279. There, the victim had been shot in the head and killed. Semen was found in her vagina, in her rectum, and on her external genitalia; it was not found in her mouth, but there was expert testimony that it could have been eliminated by "the mouth's natural rinsing processes." (Id. at pp. 291, 302.) The defendant admitted aiding and abetting his accomplice's forcible rape and forcible oral copulation of the victim. (Id. at pp. 292, 300.) The trial court ruled that sufficient evidence of forcible oral copulation had been presented at the preliminary hearing. (Id. at pp. 300-301.) The defendant was then convicted of (among other things) murder with rape and oral copulation special circumstances, forcible rape in concert, and forcible oral copulation. (Id. at p. 291.)

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