In a sexual assault case, what is the impact of the police officer's statements at the end of an interview with Avelino?

California, United States of America


The following excerpt is from People v. Avelino, G057775 (Cal. App. 2021):

On appeal, Avelino suggests the officers' "deceptive statements that the purpose of the interrogation was solely for the benefit of the [girls'] emotional needs" (italics added) undercut and nullified his prior understanding. But his statements at the end of the interview reflect otherwise. As the discussion ended, Avelino said, "I felt like this was going to happen, I had a feeling." He also stated he was "happy" about the conversation and he would "sleep happy tonight," which does not suggest Avelino failed to grasp the situation. To the contrary, other courts have recognized, "The compulsion to confess wrong has deep psychological roots, and while confession may bring legal disabilities it also brings great psychological relief." (People v. Andersen (1980) 101 Cal.App.3d 563, 583-584, fn. omitted.)

Other Questions


How have courts dealt with allegations of sexual assault against a police officer who sexually assaulted a female passenger while carrying out a traffic stop? (California, United States of America)
How have the courts interpreted statements made by police officers in an interview with defendant in an assault case? (California, United States of America)
In what circumstances will police officers be allowed to testify that a sexual assault victim does not immediately tell the police that they were sexually abused? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (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)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.