How have courts treated sex offenders in the context of sexual assault cases?

California, United States of America


The following excerpt is from People v. Hernandez, 39 Cal.Rptr. 361, 393 P.2d 673, 61 Cal.2d 529, 8 A.L.R.3d 1092 (Cal. 1964):

1 The inequitable consequences to which we may be led are graphically illustrated by the following excerpt from State v. Snow (Mo.1923) 252 S.W. 629 at page 632: 'We have in this case a condition and not a theory. This wretched girl was young in years but old in sin and shame. A number of callow youths, of otherwise blameless lives * * * fell under her seductive influence. They flocked about her, * * * like moths about the flame of a lighted candle and probably with the same result. The girl was a common prostitute * * *. The boys were immature and doubtless more sinned against than sinning. They did not defile the girl. She was a mere 'cistern for foul toads to knot and gender in.' Why should the boys, misled by her, be sacrificed? What sound public policy can be subserved by branding them as felons? Might it not be wise to ingraft an exception in the statute?'

Other Questions


How have courts treated allegations of sexual assault in sexual assault cases? (California, United States of America)
How has the Court treated prior sexual assault cases in the context of domestic violence cases? (California, United States of America)
How have courts treated the victim in the context of sexual assault cases? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
How have courts treated the issue of duress in the context of sexual assault cases? (California, United States of America)
How have courts interpreted the statutory language of the Sexual Offences Prevention Act (SVPA) in the context of sexual assault cases? (California, United States of America)
How have courts treated duress and psychological coercion in the context of sexual assault cases? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
How have the courts treated evidence of past domestic violence in the context of sexual assault cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.